Can I sue for violation of due process by the state?

Asked almost 5 years ago - Chula Vista, CA

I was falsely accused by a family member of sexual abuse.I was charged by the state with 4 criminal charges of sexual abuse because of allegations.I was tried by a jury of 12 people and was found not guilty.The state brought in witnessess to whom my cousin made her outcries to. the state and its agencies itself violated RCW26.44.035 because one of the detectives that handled the case did not preserve evidence such as counselor records to whom the initial outcry of allegations were made to . And failure to preserve the evidence would violate my due process rights under both state and federal constitutions. I have documents in which my attorney used this information in his trial brief/memorandum of law.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . violation of a clearly established constitutional right under color of law gives rise to a Section 1983 civil rights lawsuit. The laws that protect citizens against government misconduct are commonly called civil rights laws.

    In this situation, you may have a civil rights violation. You need to contact an experienced civil rights lawyer in the jurisdiction in which the alleged violations occurred. The lawyer needs to have extensive experience litigating Title 42 section 1983 lawsuits against the government or its agencies.

    You might read my Legal Guide "Can An Attorney Really Help?"

    http://www.avvo.com/legal-guides/ugc/can-an-att...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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