husband was arrested due to a false claim by a scam artist stating he held a gun to his head. husband was visiting his grandfather who was a registered gun owner in the town for decades. the police came and arrested my husband and took the guns legally owned and registered to his grandfather. he was charged and convicted with the unlawful possession even though he didn't live there and didn't have access to the guns. the police dept said that they don't keep information to specific guns on file, only the registered owner so they couldn't say that they belonged to the grandfather. the grandfather died in the middle of trial. 3 years later (almost to the day) the scammer went to the department and admitted he lied about everything. 8 months later we found out and went back to court.
Exoneration has nothing to do with false arrest.
If police have probable cause or a reasonable basis for the arrest, its a good artest, even if the suspect is later acquitted.
No idea about your case, too many details missing.
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Statutes of limitation are generally set by the state legislature. That is why they are called statutes. If your problem is with the length of the limitation period, your only remedy is to contact your state legislators.
The real issue for your husband is not what the limitation period is, but when it starts to run. I'm not sure who he wants to sue for false arrest, but such claims are likely to fail since the police had probable cause to arrest regardless of his eventual exoneration. Your husband may have a viable claim against the accuser for malicious prosecution and such claims often do not accrue until the underlying case is dismissed. This may still be a viable claim despite the time that has passed since the arrest.
Additional information and research would be necessary to determine if your husband still has viable claims against his accuser. If your husband is serious about pursuing such claims, he really needs to retain an attorney.
You can reach Colorado Legal Solutions by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado and the State of Massachusetts. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Colorado Legal Solutions and any person. Sometimes free advice is only worth as much as you paid for it. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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