Michelle R Burrows's Answers

Can I sue a state trooper in Oregon and what paperwork would I need/where would I get it?

Yes you can sue a State trooper. You can sue in state or federal court, but in order to sue in federal court you must have a federal claim against the trooper. A civil rights claim can be brought against the trooper for excessive force, false arrest or some other violation of the Constitution. You are entitled to your damages, attorney fees and sometime punitive damages. You can ONLY sue the individual trooper for this claim. You have two years to file and you do not need to send any type of...

If you can substantiate a biased and negligent police investigation, are you be able to pursue a civil suit and beat immunity?

Qualified immunity is an immunity from suit available to a government actor in a civil rights action. Qualified immunity is usually available to a government actor who acting under color of law violates a well established right enjoyed by the citizens. The existence of qualified immunity is a two step process requiring an assessment of whether a right actually exists and was it clearly established at the time of the violation. In most use of force situations the "clearly established" aspect has...

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