Two loss prevention employees of Walmart apprehended a woman for shoplifting as doing so she screamed and ran out the door evidently ran to my car which was driven by somebody else because I was out of town. They took my plates and assumed that it was me got an arrest warrant I was arrested spent three days in jail. A lot of money that I do not have spent to get my car out me out in court fees I have never been in trouble in my life this was very upsetting. My neck injury is a lot worse from sleeping on a metal bed with no pillow for 3 days I would like to sue Walmart for wrongly accusing me and even after finding out it was not me still tried it to proceed with a trial. Now I have an arrest record I cannot volunteer as I once used to with children and other events I've been humiliated online in my town
"Can I sue _______" is a civil law question.
Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.
If you want to increase your odds at getting a competent answer then you should repost this question and list "lawsuits and disputes" and not "criminal defense" as a practice area.
Wishing you luck and hoping that I have been helpful in properly re-directing your question.
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This is not a criminal law question although it involves your arrest on a criminal matter. This is a civil matter concerning your civil rights 42 U.S.C. Section 1983. The issue is whether or not the police had probable cause to arrest you. I will re-direct your question.
Yes, you can sue, but no lawyer can guarantee you will win. I handle these cases throughout Florida, but I'm very cautious about accepting them since I take them on contingency. In other words, I could put a lot of time and money into them only to find out they are losers.
In order to prove a case of malicious prosecution, one must prove the following elements:
1. The commencement or continuance of an original civil or criminal judicial proceeding;
2. its legal causation by the present defendant against the plaintiff;
3. its bona fide termination in favor of the plaintiff;
4. the absence of probable cause for such prosecution;
5. the presence of malice; and
6. damage conforming to legal standards resulting to plaintiff.
Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 1355 (Fla. 1994).
The biggest weakness cases like yours have is probable cause. It doesn't take much to convince a jury that the store had cause to believe you probably committed the crime for which you were arrested. It's your burden to prove every element of your case, so if the driver looked like you and drove your car, that's a tough situation.
My posts aren’t legal advice and I'm not your lawyer unless we both sign a contract for legal services. Every case is different and requires much more analysis than a few sentences on Avvo to analyze your legal needs. Please arrange a consultation with a lawyer who practices in this area of law. Thank you.
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