I was arrested on account of a warrant for an unpaid fine for theft. I paid the fine on time when it was due 6 months ago. The police found the receipt of payment after arrest. I was contained over night, when I went to court the next morning the judge simply said my fines had been paid and I was to be released. Can I sue?
Anyone can sue anyone for an alleged wrong.
In this case, I assume, it was a deputy clerk's unintentional error. The police were acting on what they thought was a validly issued arrest/bench warrant. The police probably have a good defense, the judge is probably immune from suit and the clerk probably has the most exposure, BUT this will be a difficult lawsuit to collect any money damages for your claims.
You can sue for false arrest, unlawful detention, mental pain and suffering, violation of your civil rights, etc. Any claim for malicious prosecution will be difficult because the case was quickly dismissed by the court. You have a one year statute of limitations on most torts like these in KY.
I think it will be a difficult case to locate an attorney to take on a contigency fee basis.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Probably not. A similar issue was presented in a supreme court case Florence v Essex. That guy was held for a week and strip searched twice and he lost. Still there might be some local law that gives you some relief. Talk to a civil attorney.
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