This is going to be a tough case. There are governmental immunities which apply. There is a 6 month statute of limitation on filing a government tort claim.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.
You should consult with a civil rights or personal injury attorney specifically about your case to determine what your legal rights are. Good luck.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
A local civil rights lawyer should hear all the facts and circumstances. Feel free to use Avvo's "find a lawyer" tool.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Individual police officers may also be sued for their actions in addition to the police department and that a plea or verdict of guilty to the resisting arrest could bar a civil suit.
My response to your question is not intended to be legal advice and does not establish an attorney client relationship. Rather, it is simply provided as a free service through Avvo.com. Until there is an executed representation agreement, no attorney client relationship has been established.
Sign up to receive a 3-part series of useful information and advice about personal injury law.