On Dec 24th i was falsely arrested which in turn damaged my surgically repaired left shoulder and elbow along with my right shoulder also. I was arrested for sending my ex wife legal court documents, it clearly states that in the restraining order
The Massachusetts Tort Claims act, MGL c. 258, set up the required procedure to be followed in such cases. The merits of the matter would have to be reviewed in detail by an attorney with experience in excessive force cases. This is not an easy road but you should seek a consultation ASAP.
Your need to speak to a MA personal injury attorney - probably best if that attorney handles police excessive force cases. He would need to know ALL the underlying facts of your arrest & your subsequent handling by the police before a determination of the merits of a false arrest and/or excess force claim can be determined. You need to move very quickly since there are special statutue of limitations against govermental agencies. Every state has different limations which must be stricly adhered to or you will be forever barred from any recover. I am a California attorney & you need to talk to a MA attorney. Good luck
Just to clarify, you can not sue until you have presented your claim in writing to the executive officer of the public employer/entity/City. This must be done within 2 years after the date upon which the cause of action arose. Then the claim must be denied by the City, via certified letter, or if they fail to respond for 6 months it is deemed denied. Then you may bring your suit. Claims against Municipalities are generally more procedurally involved and more complicated to bring. Speak to a professional right away.
Yes. You can sue under federal law and state law. Under state law, you need to send what is called a Chapter 258 letter within 2 years of the misconduct and file your lawsuit within 3 years. Damages under state law are capped at $100k, but there is no such cap under federal law.
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