Can I sue Glendale police for violating my rights and destroying my property?

Asked 10 months ago - Phoenix, AZ

My x-boyfriend was looking at prison time. He decided to talk to police to get charges dropped. He said I was selling pounds of meth. I was pulled over traffic stop BMW was towed then lost for 3 weeks. House was being watched for 2 weeks, I was raided same day they took car. Police report shows they had no proof or controlled buys from my place all they had was an abusive x-boyfriends word. Search warrant was done after the fact nothing was found in my car or my home like I told them there wouldn't be. I even allowed them to go in my home before search warrant was signed. There was 12 detectives on this so called case so imagine how mad they were for gettin nothing and my X out of jail. I got my car back but not before they tore it apart gas tank ect and I can't afford to fix. What now?

Attorney answers (3)

  1. Richard D. Lyons

    Contributor Level 7

    5

    Lawyers agree

    Answered . The police have qualified immunity which protects them from civil suits unless their conduct is malicious, and that does not seem to be the case here. You may have a case against your ex-boyfriend for abuse of process or other related torts, but it's unlikely that any insurance policy (like a homeowners' policy) would indemnify him for this intentional act. Without insurance to indemnify your ex-boyfriend, it will probably be very difficult for you to find an attorney to litigate a case against him. You may want to consider filing a case yourself at your local justice court. The process at those courts is much easier and quicker than in superior court, although the amount you can recover will be limited.

  2. Charles R Smith

    Contributor Level 16

    4

    Lawyers agree

    Answered . I suppose this experience underscores why your accuser is an ex-boyfriend. Integrity matters, and when you are involved with a person who does not feel he or she has to follow the law, this sort of problem happens. Congrats to you for getting out of the relationship before he planted meth in your house and then called the police. I am a little skeptical that the police would have cut a deal to drop any charges unless his accusations were proven true. So, perhaps he will go back to jail. You can sue, but you cannot get blood from a stone.

    The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . While I agree that there may be some difficulty in collecting t=for the emotional trauma , I have concerns about the necessity for the destruction or near destruction of the car. Call your carrier, file a tort claim with the agency naming it and the cops, call the local news paper / TV to discuss how cops believe people with records like your ex as opposed to otherwise upstanding citizens like yourself.
    My thought is the cops may have had a right to search but did not have a right to destroy. Especially under the circumstances.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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