I was summoned in March of 2014 on a December 2013 incident which occurred in my rental property when a guy who did not live in the unit was asked to leave but he refused and getting loud and ended up placing his hand on me. I used non deadly force by punching his lights out. The intruder ended up obtaining a warrant against me for assault and battery. I was summoned (but wasnt arrested) at this time. I went to court and the judge dismissed the charge with prejudice. On February 2017, while I was in front of my rental property, a police officer who was called by a tenant to take a police report for a missing item, approached me and asked me for my identification without any probable cause. I gave the officer my id. He went into the cruise and came back to arrest me. i told the officer that whatever he is arresting me for is wrong that he need to recheck his source. I was ultimately arrested. I found out from the magistrate in jail that another warrant was taken out on the same 3 year old charge few days after the initial dismissal in 2014. I went to court yesterday and the judge dismissed the case again. Should I sue for Negligence, abuse of process, false arrest, defamation, IIED?
Since all of the individuals you want to sue enjoy some degree of immunity, the basic answer is "no". Unfortunately mistakes in the system generally offer no lawsuit options. If there was a warrant out for your arrest, your rest was not false in terms of the police officer. The police officer was acting in good faith based on best information. Since you suffered no physical harm, you have no damages to sue for. To ease your mind you should sit down with a local civil rights attorney, however I suspect you're going to find the more detailed answers to the various circumstances amount to the same thing.
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