Can I sue a police department

Asked about 2 years ago - Fort Myers, FL

I was arrested for resisting officer without violence. I was put in jail, had to be bailed out. I had to pay for being in jail, Had to pay a bail bondsman to get me out of jail. had to get a public defender and wife had to take time off from work to go to court. not to mention all the aggrivation this has caused. I plead not guilty and took to trial. went to trial today but before that happened they dismissed the case nolle pros. I want to know if I have any recourse for all of this.

Attorney answers (3)

  1. James Kevin Hayslett

    Pro

    Contributor Level 16

    7

    Lawyers agree

    1

    Answered . Yes you can sue the police department however they enjoy qualified immunity.
    It is a high burden to overcome.
    The ultimate issue will be whether or not there existed probable cause for your arrest.

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Set up consultations with a few attorneys in your area. No one can say if you have a case or not without knowing all of the facts.

    R. Jason de Groot, Esq., 386-337-8239
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The legal standing and the merits of a possible civil action against the police department must be evaluated by a very good local attorney in Florida who will examine the viability of your case in person. Without meeting you it is impossible to state whether you have a case based on one short Avvo paragraph.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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