Lawsuit against Nassau County - Wrongful prosecution, judicial misconduct, SECTION 1983, excessive penalty

My response to your question is limited based on the information you provided on this forum. You may have a claim of malicious prosecution against your former wife; however, any such claim against the DA would be barred by absolute proprietorial immunity.

You're not looking for the wrong type of attorney. There just isn't any case against the DA or the Nassau County police department. If your ex-wife filed a criminal complaint against you, the DA (or the police) had probable cause to arrest you, so there's no claim for false arrest, malicious prosecution or civil rights violations against the DA, the Nassau PD or any individuals who acted under "color of law." In addition, the time you spent in jail, if it was after your arraignment and opportunity to post bail, is not time for which you can sue, since it is also time you were held under "color of law." The theory goes something like this: if you could have posted bail, you would not have been held for 110 days. Also, Nassau County is a notoriously pro-defendant venue and one in which even the best of cases end up as defendants' verdicts, so it's not surprising that you have not been able to find a lawyer. Also, Nassau County is a terrible party to have as a defendant in a case like this, as it'll likely never settle, will defend the case through trial and appeal and will do everything in its possibility to avoid paying a judgment if you ever obtain one. If you've lived there for long enough, I'm sure you're aware of the county's financial problems. Lawyers turn away good cases against Nassau County all the time for that very reason.

Finally, as the other attorney who responded to your post noted, the only really viable claim you could have would be a malicious prosecution or abuse of process claim against your ex-wife, and often those cases are worse than the divorce. I know it's probably been a nightmare, but the best advice I think I could give you would be to move on.

The conduct of this DA's office is disgusting, you are not the only person this has happened to others held in jail for over a year,and were free to go just before trial due to lack of evidence what about the time lost in jail, damage to their lives and reputation. Kathleen Rice is not qualified to run that office, they make up ficticious charges and over charge hoping something will stick and that they won't actually have to investigate. The police make illegal arrests, lie while under oath and there is no oversight. If you'd like to make a complaint on a police officer's conduct, you can file it at The DA' office, what a joke, they won't even take it. Contact Sanford Rubenstein in Manhattan, the disgusting behavior in Nassau County has to stop!!!!