Home > Research Legal Advice > Civil Rights > Can I sue the police department and the Prosecutor's office for false ar...
Asked 8 months ago - Kissimmee, FL
FlagI was arrested for violating a restraining order and for failure to appear. However, there was no injunction. The officer that took my ex-husband's report searched the NCIC system and found the same, but still filed the report for charges. In addition, even though the Prosecutor's office was notified that there was no injunction, and had evidence of the dismissal of the filed temporary injunction, they still filed the charges. As a result of this arrest, my children and I have directly suffered emotional and physical damages as well as financial loss due to me losing the job I was supposed to start. The record prevented it. What can I do? By the way, I am a low income single mother of three with a disabled child and cannot afford an attorney.
The answer is yes you can.
These cases are typically difficult.
However, the fact situation that you indicate may make this case an exception to the rule.
The standard is whether or not law-enforcement had probable cause to make an arrest.
Also understand that law-enforcement have qualified immunity from these types of civil lawsuits.
My firm handles these types of cases feel free to give me a call at one 800 law 5655 to gather more information.
You can sue. You'll want a personal injury lawyer. If you can't find one who will take it on a contingency basis, that indicates they don't think it is worth pursuing.
There is a high burden of proof when suing officials, but it can be done.
You might want to repost this under the category "Civil Rights" or "Personal Injury."
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