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Can I sue a city for "sicking" their cops on me and making up charges against me and my wife?

Tracy, CA |

I caught the police snooping around my house at 3:00 am and was "detained" as my family watched in horror. My daughter called 911 and she and my wife were threatened. My wife wrote a letter to city council and the next day a lieutenant from their police showed up talk to her regarding her email. She avoided him and 3 days later they showed up with new charges(of the sexual nature). I was arrested and my home raided where medical marijuana was found. I was arrested and my wife was mailed her felony charges a week later. If you analyze and break down timing you will see that the police response and subsequent charges filed were retaliation for the letter to city council. All charges were dismissed but damages to me and my family go much deeper. please help.

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Attorney answers 3


You need an attorney. You file administrative claims te any civil rights claims...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


Claims against municipalities must be filed within very short timeframes or the opportunity is closed. See an attorney ASAP. FYI, your "timeline" is not in and of itself proof of any wrongdoing. There are certainly other facts that need to be identified and reviewed to determine if you have any grounds to bring a claim/suit.

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.


The clues you provide are incomplete. You will have to consult with a seasoned civil rights attorney. I would go to the "big city" for help. You have six months for the first filing and up to two years for the next one. The first thing is to get your story written out in detail with a full timeline, names of witnesses and so forth. Show that ONLY to your attorney.

The advice provided is in good faith but not a guaranty of accuracy under all circumstances.

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