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Can I sue the police department for false arrest?

Defamation Law Discussion Forum

Can I sue the police department for false arrest?

Postby porter » Fri Oct 28, 2011 9:42 pm

A while back I was accused of false charges where I was arrested I ended up having to hire an attorney and pay 50000$ bond was very stressful and lost my job it came down to the pretrial conference where my lawyer questioned everyone involved. the charges were dropped that very day because both of the people that accused me of the crime during questioning admitted that the police officers that had arrested them told them to implicate me so that they may obtain a warrant for me in exchange for less time for them one of the officers was in plain uniform and the other was masked. My lawyer had everything transcribed so it's all in writing the prosecutor was present and both of my accusers said the same thing. Charges were dropped but I am still outraged and feel very violated I'm out over 15000 that I spent I lost my job that I've had for 5 years and they have slandered my name. Is there anything I can do like a lawsuit or something along those lines. Someone please help.
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Can I sue the police department for false arrest?

Postby curney13 » Fri Oct 28, 2011 9:44 pm

This is actually a very good question.

The issue here is whether there was probable cause for your arrest, and whether the investigating officers who submitted the request for the issuance of arrest knew that the accusers had made false statements.

If the only evidence was the false statements of the accusers, and the investigating officers knew that the statements were false, then you might have a case for false arrest.
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Can I sue the police department for false arrest?

Postby wahchintonka48 » Fri Oct 28, 2011 9:55 pm

No the police were going on good faith at the time of your arrest. They believed the accusers. You want to sue then sue the two accusers. They are the cause of all your trouble.
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Can I sue the police department for false arrest?

Postby madison86 » Fri Oct 28, 2011 10:00 pm

You can try it but I'm positive it won't go anywhere. In order to prove false arrest you would need to show, beyond a doubt, that the police had no grounds to arrest you AND they knew that at the time of the arrest. By your own accounting above you say the police had received a complaint that they acted upon however the person recanted their info later on. Hardly the fault of the police who will naturally say they found the evidence credible at the time. The police also had a warrant therefore what ever info they had was deemed sufficient by a Judge therefore that again absolves them of any allegations they knew they had no grounds for the arrest.

Quit tilting at windmills and get on with your life.
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