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

Asked over 1 year ago - 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)

  1. David Craig Lee

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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... more
  2. Richard Timothy Jones

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  3. Charles K. Kenyon Jr.

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  4. Claiborne Hambrick Ferguson

    Pro

    Contributor Level 15

    Answered . 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... more

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