QUESTION
Can I sue the police for false arrest, false imprisonment, and manhandling me while in police custody?
Asked on Dec 04th, 2012 on Criminal Law - Iowa
More details to this question:
Police came to my house, falsely arrested me and imprisoned me on charges that the district attorney later refused to prosecute for lack of evidence. I sustained bodily harm documented in a hospital report. I sustained emotional/psychological as well as professional harm that is still ongoing. I want to sue the police. Can I do it and under what law? Furthermore the police entered my house without a warrant and removed some of my belongings. Can I sue under 4th amendment civil rights action? I am the plaintiff. Which kind of an attorney should I be looking for?
10 ANSWERS
Ronald A. Steinberg
You should be looking for a lawyer who is comfortable in Federal Court, and who knows how to handle a police brutality case.
Answered on Dec 17th, 2012 at 3:56 AM
John J. Carney
You can Google "police brutality lawyer" in your area or call me for a referral. Depending on the facts you may be able to sue the police unless you resisted arrest or assaulted the police.
Answered on Dec 10th, 2012 at 2:24 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Look for an attorney that handles civil rights suits against the police. Don't delay - there are time limits you must meet for a claim to he filed.
Answered on Dec 06th, 2012 at 9:03 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Your claim, if any, would be what is called a 1983 civil action and in order to determine if you have an actionable claim against the police, seek out attorneys experienced in such actions and/or police misconduct for a consultation.
Answered on Dec 06th, 2012 at 2:44 AM
Michael J. Breczinski
You are looking for a civil rights lawyer.
Answered on Dec 05th, 2012 at 9:41 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can certainly sue. However, I do not have enough information to tell whether a suit is likely to be successful. Some questions that need to be answered are, what evidence did the police have (for example, if they had probable cause to make an arrest, you may not have a case despite the fact that charges were later dismissed). Did they obtain an arrest warrant before arresting you? The police do not need a search warrant to enter your home if they have an arrest warrant. They can remove evidence that they find in the home while executing the arrest warrant. You need a trial attorney. If you find one that advertises for Civil Rights violations, this would be a good candidate. A personal injury attorney might be good. A litigation attorney might be good. You may have to call a number of attorneys to find one to take the case.
Answered on Dec 05th, 2012 at 9:33 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes; you need to find an attorney who handles such cases (1983 cases).
Answered on Dec 05th, 2012 at 9:32 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You should be looking for an experienced civil rights attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options. Be aware that police misconduct/brutality cases are complex and that there are time limits and procedures that must be followed before you can actually file your lawsuit.
Answered on Dec 05th, 2012 at 9:02 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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A civil rights attorney.
Answered on Dec 05th, 2012 at 8:29 PM
It depends on proving several things two of which are that the search warrant was somehow defective or the police lied to get it. If they relied on a confidential informant that lied that's not good enough. You will also need to prove actual bodily injury and you want a personal injury attorney with a background in constitutional law.
Answered on Dec 05th, 2012 at 8:27 PM