My son was falsely arrested and is on probation, which has caused him to vop in another county. Can he sue for damages?

Asked 11 months ago - Fort Myers, FL

He was arrested for making a false report (OF COMMISSION OF CRIME). He is innocent of this. He is on disability also. Can he sue for falsely being arrested?

Attorney answers (4)

  1. Colleen M. Glenn

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    Answered . He can always sue that's not the real question. The real question is will he prevail once he sues and the answer to that is probably not.
    www.colleenglenn.com

  2. Richard Earl Hornsby

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    Answered . Unlikely, but I have been wrong before (rarely).

  3. James W Chandler

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    Contributor Level 14

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    Answered . Who does he want to sue? The judge that found probable cause, the cop that believed he had PC, the PO who put out a warrant based on a new law violation? has you son been acquitted of the new arrest? There is a little thing called sovereign immunity that will probably apply. I agree with Mr. Hornsby, highly unlikely.

  4. Stephen Ross Cohen

    Contributor Level 20

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    Answered . First he will have to go to trial and be found innocent and then the facts have to be very weak to sue for false arrest. Also the basis to violate him on probation is much less than it takes to convict him of the new charges.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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