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If a deputy commits perjury on a deposition can they be charged and or sued civilly?

Brooksville, FL |

A detective entered final details of a case in which she asserts that she requested a writ due to one factor, and then 3 years later when asked in a deposition why she requested the writ it was due to different factors. Can that be construed as perjury? If so, is she charged criminally and can she or the sheriff's department be sued civilly?

Short summary: Detective arrested me in 2009 for agg. stalking. Resolved 4 counts Viol, Inj. No Contest... Det. Final report entry before asking for writ. says that she made the decision to arrest on Agg Stlkg. because of church testimony. (Current lawsuit against church for Clergy-Penitent Viol.). When Det. was deposed this year for this pending case, she claimed it had nothing to do with the concerns of the church. Her testimony is the basis for the defenses current motion for SJ to dismiss my claim. There is very clear evidence that the Detectives contradictory testimony is to protect the church and cause me to lose my civil suit. Does this short summary help clarify the question?

Attorney Answers 4


  1. Best answer

    Yes, under the Federal Civil rights Act. You would need to allege a denial of a fundamental right or a statutory right. Here, the deputy has changed her story perhaps to buttress what was a thin pc to obtain a writ in the first place. You should contact a civil rights lawyer in your area. If you need a recommendation e-mail us at attorney@floridalawgroup.org.


  2. Only the state attorney can make the decision to charge the deputy. It is difficult to give an opinion on such limited facts. Speak to you lawyer or contact one in your area and present them with the deposition and the other assertion by the detective.


  3. As stated by the previous attorney it is up to the State Attorney to file criminal charges. As far as a civil action you would need to speak to a civil attorney. I don't know the exact details of your situation but the fact that the deposition occurred 3 years after the original statement would lead me to believe it unlikely that you could show malice as opposed to a faulty memory.


  4. It is difficult on both counts.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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