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Can you sue the state of texas for a wrongful arrest? i was booked for resisting aresst

San Antonio, TX |

at civil trial jury did find the police officer guilty of excessive force. can i file a criminal liability on the county?

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Attorney answers 2

Posted

These seem to be separate issues. First, do you have the scenarios reversed? Was the officer found guilty of excessive force in a criminal court? If so, then yes, you can sue the county and the officer individually. Since the burden in criminal courts is much higher than civil you should have a slam dunk case for the civil case.

Asker

Posted

no the officer was found guilty in the civil case for excessive force. the criminal charge is resistant arrest in the criminal case. it is still pending. prosecutor has not plea bargin with defendent. defendant ask for a jury trial 3years ago.

Jacqueline R. Kriebel

Jacqueline R. Kriebel

Posted

You can't charge a county with a crime. Crimes are only committed by "persons" and not government entities. However, you can use your civil case as evidence in your criminal case that maybe you weren't resisting but that the officer was beating on you. Photos would be great too.

Posted

I'm confused. You've already won a civil trial? I don't understand your question.

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