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Can I sue the university police

Marietta, GA |

I attended a college party and there was an altercation with a gun. The guy who had the gun got arrested and confessed. People said the guy got out my car however no one said I had any involvement with the situation and no one have any statements about me no one could even say I was there at all. Although there wasn't any evidence against me there was an arrest warrant out for my arrest. My charges were possession of a handgun by a convicted felon- I have never had a felony in my life, and possession of a gun o school grounds and in the warrant it is stated that I do not have a license to carry- that is also a lie because I have a license to carry on me right now. Couldn't attend class for 6 days they sent officers to my class multiple times. All charges was dropped and I did turn myself n

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Attorney answers 4

Posted

Based on what you've described, it doesn't appear you have any meritorious grounds to bring any claim against the university police.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-668-3790 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at don@HawbakerLaw.) An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my Law Office as a debt relief agency that can help people file bankruptcy.

Asker

Posted

What about defamation of character. The police went to my classes and asked students and my professor about me. It's no telling how they view me now and it's quite embarrassing. They impounded my car for no reason my sister was driving it and they only detained her not arrested her....emotional distress I couldn't stay at the house I pay rend for for a week I couldn't go to class for a week. and I had to pay a lawyer to uplift the warrant. they did half ass police work. How can charge me with possession of a firearm by a convicted felon when I'm not a felon and have a gun license and no statements at all was brought up against me...what grounds did they have on issuing a warrant for my arrest, issuing a warrant for questioning is something I could understand but not for an arrest. Then after all this has been done they drop all charges and act as if nothing happened. Now I have to deal with judgement by my colleges money loss my gpa will be affected and the stress throughout this whole situation. There had to be something I can do

John Arnold Steakley

John Arnold Steakley

Posted

Police aren't required to always get it right. The warrant was probably based on whatever other people told police about you, including the guy with the gun. Half-assed police work is not the basis for a suit. The police visited your class because they were looking for you. That's what police are paid to do. You couldn't go to class or the place you rented because you were avoiding the police, so that's on you. They impounded your car because they had people telling them it was involved in a gun altercation. of course they are going to impound and search it. My suggestion is to exercise better judgment in the people you hang out with next time.

Asker

Posted

I wasn't aware of me "dancing" I stated my sister was driving my car. I wasn't there I didn't have anything to do with the altercation and It's not that I was "avoiding" them. Who wants to get arrested when they didn't do anything at all. Who wants to spend money to bond out of jail. They wanted to arrest me not question me all based on a commuter tag on my car and NO ONE said my name because I wasn't there.And yes I said half ass police work because any officer with a computer could see I wasn't a convicted felon and I have a license to carry however, I do appreciate all responses

Posted

Yes, you can sue - anyone can sue anybody. But you'll have to consider whether you want to pay someone to help you do all of this. If you do it on your own you'll get nowhere, so you'll have to pay an attorney. I suggest you let this one go because it will cost you more in the long run that you could hope to obtain.

Posted

I'll add to the other responses and point out one thing is missing - your involvement with the incident or the person who had the gun. You were careful to dance around that issue by telling us that there is "no evidence" and that no one could say you were there (although you start off by telling us you were there). Even if you had a valid case for a lawsuit, it would be based on the whole story - not just the parts you chose to tell us.

Posted

I disagree (respectfully) with the responses you have received. The circumstances you have described may give rise to a civil rights claim for false arrest under federal law and/or state law, depending on wether you were attending a private university or a public one. The standard for swearing out an arrest warrant is probable cause. LEO had access to your criminal history, so they should have known whether you were convicted of a felony. It is a separate crime to carry a weapon on school grounds, so your ability to file a lawsuit would tern on the evidence supporting the fact that the gun was yours. Most civil rights attorneys will take a case like this (if it has merit) on a contingency fee basis. We have filed and had success in cases of false arrest against UGA police and Clark Atlanta University. Feel free to call our office for a consultation.

This response is provided for informational purposes only. It is not a consultation and is not legal advice. You should not act or fail to act in reliance upon the information provided in this response. This communication does not establish an attorney-client relationship between you and our Firm. You should always consult with an attorney prior to taking any action with regard to a potential legal problem.

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