QUESTION

Can I hold the county officials liable and sue them after they documented incorrect information, which started this whole mess?

Asked on Oct 15th, 2013 on Personal Injury - New York
More details to this question:
My local county human services have accused me of doing something terrible. Now nineteen months and thousands of dollars later, the judge and commissioner have exonerated me.
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5 ANSWERS

James Eugene Hasser
Yes, it's possible, but very difficult to do due to 11th Amendment immunity issues. Talk to an experienced personal injury lawyer familiar with government liability.
Answered on Oct 16th, 2013 at 11:33 AM

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Ronald A. Steinberg
If you can prove under the legal standards in your state that the government officials violated your civil rights in a way recognized by the legal system as being a valid claim, then you sure can. Unfortunately, there is a doctrine called "Governmental Immunity" which protects jackasses who happen to be government employees for being sued for ordinary negligence. To actually get to them, you have to prove that their behavior is so outrageous that it is outside of the protection of gevernmental immunity.
Answered on Oct 16th, 2013 at 11:06 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You really need a personal injury or civil rights lawyer to look at this, examine all of the facts, and determine whether you have a valid case. Being charged with a crime and later exonerated does not necessarily mean that you have a viable lawsuit. Police and prosecutors have a degree of immunity from suit as long as they act in good faith. Even proving negligence on their part is usually inadequate. An attorney would have to see the evidence that they had and their reasons for charging you to tell you whether you have a case.
Answered on Oct 16th, 2013 at 9:24 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Exonerate? What does that mean? not being found guilty of something is not the same thing as not being guilty. You may have done something wrong but the finding was in your favor. Don't know what your case is but most government officers are immune from lawsuits.
Answered on Oct 16th, 2013 at 9:04 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Possibly, but it would be a tough case. You would have to show that they did it on purpose, or that they violated their own rules.
Answered on Oct 16th, 2013 at 8:44 AM

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