QUESTION
Can I sue the county district attorney, local police, my stalker/harasser for violating my personal rights and freedom?
Asked on Oct 12th, 2012 on Criminal Law - Florida
More details to this question:
My father-in-law has attacked, stalked, and harassed my household and I for two years. He and cohorts have just recently attacked me in public on camera while he has an order of protection against me and is currently on a one year conditional release due to ramming his car across double yellow lines into the vehicle I was driving causing serious physical injury to me. I did everything I could to avoid and keep my distance but he is persistent with his terrorism. It has gotten so far that anybody associated with me or my family also was threatened and harassed including neighbors and their friends. Local law enforcement only document but never any arrest or prosecute from the District Attorney. What are my options and please don’t say move.
7 ANSWERS
John J. Carney
If he committed crimes the police would have arrested him unless there was no proof or witnesses. I do not know the facts of the cases but you cannot sue the police or district attorney. You can sue anyone who has committed a tort against you if you can prove money damages.
Answered on Nov 04th, 2012 at 2:12 AM
Sure you can, just be prepared to cough up a couple hundred bucks per hour in legal fees that your lawyer will need to sue for you.
Answered on Oct 15th, 2012 at 1:44 PM
Leonard A. Kaanta
The prosecutor has sole discretion to charge or not to charge and he has immunity for his actions.
Answered on Oct 15th, 2012 at 1:44 PM
4 Awards
Lawsuits against the police and DA in this type of case never work out because of immunity and the damages not being valued enough by a judge or jury, but you could sue your father in law and more importantly you should file a PFA based on the attack caught on tape. If he does it again after that they can send him to jail.
Answered on Oct 15th, 2012 at 1:43 PM
3 Awards
You can request a civil protection order then if they break it they can be charged with a crime.d.
Answered on Oct 15th, 2012 at 1:43 PM
Michael J. Breczinski
Go to the State Police or other higher law enforcement agencies. I know you do not want to move. It makes too much sense. Why not get a lawyer and sue him?
Answered on Oct 15th, 2012 at 1:42 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The State Attorney and the cops are protected by qualified immunity. You can sue the stalker, but he would have to have much money to make it worthwhile. You should consult with a local attorney.
Answered on Oct 15th, 2012 at 1:42 PM