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Can I bring a Section 1983 lawsuit against a police department for illegally searching my home and perjured testimony?

Fairfax, VA |

A police officer placed me under arrest without requesting my identification, conducting an investigation, or interviewing two witnesses. Within a few minutes of his arrival, I was locked in a police car while the officer re-entered the home that I owned and searched my upstairs bedroom without permission or a warrant to locate my purse that contained my driver's license. Multiple witnesses observed that I was left alone and unattended handcuffed in a police car in front of my home for 20 minutes while the officers were inside searching for my ID. The arresting officer appeared at the hearing and presented fabricated testimony that resulted in a guilty verdict for domestic assault and battery. Internal Affairs re-opened the investigation 15 months later when 4 witnesses came forward.

Attorney Answers 3


  1. Can you bring a suit? yes.

    Will you win? Who knows. As I recall from your previous post an officer was demoted for his actions and a IA investigation remains ongoing. From what I recall of the facts, you don't have grounds to sue the County/Police sufficient to overcome their complete/qualified immunity. But you should, as was recommended earlier, sit down with civli rights attorney ASAP.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. Yes, but the issue will be whether the facts are sufficient and whether you can overcome any immunity issues.
    Follow Mr. Rafters advice.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


  3. Yes, you may file suit for such claims. Whether you will win is another story. I suggest that you consult with an attorney in your area who specializes in this type of representation.

    Information provided herein by Mel Williams is based solely upon information provided by the person inquiring, and is highly dependent upon the facts of each issue presented. Answers provided herein are not intended to create, and do not create an attorney-client relationship, nor are answers provided herein to be relied upon as legal advice.

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