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Can i sue my city

New Bedford, MA |

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

Attorney Answers 8

Posted

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

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Thank you

Posted

You may have a case but speak with MA attorney.

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

I agree with Mr. Crosner. Act immediately as you do not want to blow any time requirements. Have all the paperwork you can get ready to show the atty. That means the restraining order, and the medical records if possible.

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Thank you

Posted

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.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

You may have an action against your ex as well.

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Posted

What kind of action would that be

Kenneth P Doherty

Kenneth P Doherty

Posted

She must have falsely reported that you violated the restraining order.

Asker

Posted

She did, I talked to the police about my ex knowingly filing false police reports and they don't care

Posted

Retain a local civil rights attorney who handles excessive force cases to investigate.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

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.

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Posted

Would you be one that would that would take a case like this, if not who would you recommend Thank you, Russell

Kevin P. Landry

Kevin P. Landry

Posted

I am sorry Russell. My office does not generally handle excessive force cases. However, do a google search looking for excessive force or civil rights lawyers in your area. Good luck.

Posted

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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