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The officer did not have probable cause to pull me over in a DUI case. The court ruled on this matter and I won, can I sue?

Los Angeles, CA |

I was arrested on October 2011. On June 2012 the court granted the motion to suppress and dismissed the case after viewing the MVAR footage and stated that the video did not support the Officer's testimony. This was appealed and on May 2nd the court affirmed and granted the motion to suppress. I won my case twice. Can I sue the police agency?

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Attorney answers 3


Unfortunately, based on what little information you provided, it seems like the answer is no. Police Officer do carry a limited immunity from lawsuits for conduct that is related to employment - in this case, pulling someone over and arresting for DUI. If there were other circumstances, like hostility or something else, then perhaps. But most likely, you are simply out of luck. Best to speak with the attorney you had about it.

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You could for false arrest and imprisonment but it probably be hard to find
an attorney to take the case because the damages would be small compared to
the cost of the suit its called a 1983 action there is one thing you can do
at least see if your attorney will file a motion for factual innocence and
get the arrest record cleared


Based on what you've described, it does not sound as if you would prevail in such a suit.

Jasen Nielsen

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