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I am seeking an attorney to file a lawsuit against the city of south daytona for fals imprisonment, and harassment..

South Daytona, FL |

I was arrested on Jan 15th, and won my case in trial on march 27th which was yesterday.. Can anyone talk to me about my case and call me please?

Attorney Answers 3


First, these are very tough, complicated cases. Whenever you sue the government, you have to overcome certain governmental immunities. Also, the relevant law (both state and federal) is fairly complex.

Second, because of the difficulties associated with these types of cases, you will be hard-pressed to find an attorney who is willing to take your case on a contingency fee. Many people assume that a contingency fee arrangement is standard for all plaintiffs. That is not the case. This is not a personal injury matter. In short, if you want to pursue this, you need to be prepared to pay the costs of litigation and attorneys' fees.

Finally, turning to the law: Cases like this can be pursued under a number of legal theories. There are state law claims for false arrest and malicious prosecution. Then there are federal claims for deprivation of civil rights (1983 action). At a minimum, you will need to establish that there was no probable cause for your arrest.

Jonathan Pollard

My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.

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Simply because you were found not guilty at trial does not mean that the police did not have probable cause to arrest you in the first place. Probable cause to arrest requires much less proof (or in this case suspicion) of wrong-doing than the burden the state has to prove your guilt beyond every reasonable doubt at trial. Talk to an attorney that is experienced in Section 1983 litigation and have him or her evaluate your case.

An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss your matter more fully with my office, please contact me to set up an initial consultation.

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I'd like to know more about your case. I grew up in Volusia county and am familiar with several examples of unlawful police conduct that I was made aware of by old friends who have served in law enforcement. Call my office for a consultation.

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