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Will I have a good case if I sue the police department for a false arrest?

Fort Worth, TX |

I am wondering if I would have a case if I sue the police department for a false arrest at my place of employment. There was a female associate who called the cops on me at work saying that I said something to her when I didn't. We were battling out a protective order case in which she filed false charges on me and received a temporary protective order. It didn't include our mutual place of employment and the judge just told us to stay away from each other at work. She was caught on camera following me and crossing my path multiple times while I was standing outside on break and I ended up winning the original case and the violation case from my arrest that day will be thrown out. The cop didn't listen to anything I told him about it being a false accusation and that it didn't include work

Attorney Answers 2

Posted

No ... but you may have a case for malicious prosecution against your co-worker for calling the police when she knew that the protective order did not include your place of employment. Officers are used to people telling them that it is a false accusation, etc and it all being lies.

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Posted

No. Police are protected by a legal nostion called qualified immunity--they are immune from being sued for any of the hundreds of discretionary decisions they have to make each day (decisions where the officer has to decide based on the facts at the moment, whether to arrest someone or not). Nothing in your post sounds indicates the officer acted outside the protections of qualifed immunity--or that a 'false arrest' took place.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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