Had panic attack in ER and have hearing loss both ears. The police officer left the ER and said I refused. I proved in court I did not refuse and did give the blood. Officer never showed up for DMV hearing. I spent 6500 in legal and doctors fees defending it. Can I file a complaint against the officer for a false accusation?
My first question is whether you have dui charges pending in criminal court? If so, I would.focus on defending those before worrying about this issue. If, indeed, your bac was below the legal limit you are in a different situation. The short answer is that anyone can file a lawsuit. The real question is whether you have a chance of winning. If the officer just left (did he just leave you in the hospital?) and then claimed that you refused the blood draw when you didn't - you may have a cause of action. I would suggest consulting with a civil attorney to discuss your options.
There are several things that you can do. What you should do, is a different answer that will depend upon facts that you did not provide. You should seek legal advice from an attorney who can explain the options best suited to all of the facts of your case. Until you do, here are some things to consider.
You can file a complaint against the officer with the police department for which he works. However, that will not get you any compensation. You could also file a civil case. Assuming you beat any criminal charges or there were none, you potentially have claims for false imprisonment, wrongful arrest, malicious prosecution, wrongful use of civil proceedings, and, abuse of process. Each of those claims has different factual requirements, so it is important to speak with an attorney about your case.
Moreover, even if you have a successful claim, you must still prove the amount of your damages. Your "out-of-pocket" expenses (i.e. lawyer's and doctor's fees) are one type of damages. You may be able to make a claim for missed work, emotional, and, physical injuries.
You should be able to find a lawyer who is willing to give you a free consultation to discuss your case. If you do not know the name of a lawyer who handles civil rights matters, you can always contact your local bar association.
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