Skip to main content

Can I file lawsuit if I get pepper sprayed and drug across floor without any additional charges besides DUI. It was excessive!

Knoxville, TN |

On september 2011 I was charged with DUI. Apon arrival at the jail I was told to strip down naked to be searched. A male officer was present (as well as female) and I didn't feel comfortable getting naked in front of the male. I asked for another female officer and was told no. The female officer pepper sprayed me in the face and slammed me on the ground ripping my clothes off. I was crying and having a panic attack.She peppered sprayed me a 2nd time then she drug me to the shower laughing. Told me this shower was gonna burn. She threatened to strap me down naked in a chair. A male officer advised the female to stop and place me in a room. When I attempted my phone call, an officer (male) would allow me to pick up the telephone and then he would intentionally hang it up. I have photos

Attorney Answers 4

Posted

You can certainly sue. You need to contact an attorney licensed in federal court.

Austin DWI Lawyer
Www.Austincriminaldefenseattorney.Com
512-495-1813

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

Mark as helpful

3 lawyers agree

Posted

You can file a lawsuit. If you can prove what you say and there aren't any excuses, you can win it. No guarantees. These suits are hard even with the best evidence.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Mark as helpful

3 lawyers agree

Posted

Are you saying that this occurred about 18 months ago? Tennessee has a one year statute of limitations.

If the date was a typo and this occurred in 2012, then you'll need a video or objective witnesses to what happened and also an expert regarding what force is necessary versus excessive. Civil rights cases are difficult cases.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Thank you. This response may provide information relating to potential legal issues. Nevertheless, your review of any information contained herein is not a substitute for legal advice from qualified legal counsel. For this reason, you should not rely on this response as a source of legal advice. Your use of this information does not create any attorney-client agreement. In order to become a client of David C. Lee, you must negotiate a specific attorney–client agreement with an attorney from this law office.

Mark as helpful

3 lawyers agree

2 comments

David Craig Lee

David Craig Lee

Posted

The more I think about this, the more I think that you may have something. Can you gather all the communication that you've received from all sources, and sit down with me?

David Craig Lee

David Craig Lee

Posted

I have a different perspective on this issue, mainly because I practice tort law primarily and only occasionally (and very rarely) do defense work. When I have done defense work, I've sometimes already sued someone for wrongful arrest, or some such tort. If you are truly innocent, then YES, you should sue everyone. 'A strong offense is a good defense.' I would be very surprised if you could find a lawyer to take this case on a contingency. I personally would ask for an affidavit from you (establishing that I have good faith basis to sue) and $5,000 non-refundable fee. (The fee also tells me that you firmly/absolutely believe that you are innocent; and is a polite way for you to say 'no thanks.') BUT CRIMINAL DEFENSE LAWYERS, PLEASE UNDERSTAND THE STATUTE OF LIMITATIONS FOR TORTS: IT'S ONE (1) YEAR FROM THE INJURY, NOT ONE YEAR FROM THE ACQUITTAL. I cite below a Tennessee Supreme Court decision on point: Lexis Overview: "The State argued that the citizens' action was barred by the one-year statute of limitations for personal injury actions contained in Tenn. Code Ann. § 28-3-104 and alternatively, that amendments to Tenn. Code Ann. § 9-8-307(a)(1)(N), which eliminated a cause of action for negligent deprivation of a constitutional right, were to be applied retroactively to bar the citizens' action. The court found that statutes should be applied prospectively unless the legislative history clearly indicated a contrary content and that there was no such intent in this instance. Further, the court explained that remedial or procedural statutes could be applied retroactively, but that § 9-8-403(a)(1)(N) was neither remedial or procedural. The court held that although the citizens' action was based on the deprivation of constitutional rights, it was actually a negligence action and negligence law should govern when the cause of action accrued. The court concluded that the injuries alleged by the citizens occurred more than one year before they filed their complaint, and as a result, their complaint was barred by the statute of limitations. Shell v. State, 893 S.W.2d 416, 1995 Tenn. LEXIS 14 (Tenn. 1995)

Posted

sounds like you have a statute of limitations problem.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

Mark as helpful

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics