Can I sue the city police for not taking my husband to jail for domestic violence? 6 Answers as of April 05, 2013

I had a discussion with my husband but he ended with physical fight. The police saw it and they didn't take him to jail and the worst part was when they told me I had to leave the house.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
IF you and he are an even match in the fight,, the police may refuse to take either of you.
Answer Applies to: Georgia
Replied: 4/5/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I am sure there is more to this story than you are reporting. Police just do not fail to follow through with DV charges without a good reason, nor do they kick you out without a good reason.
Answer Applies to: Illinois
Replied: 4/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Without additional details it is impossible to answer your question, but generally to make an arrest is up to the officer's discretion and generally not making an arrest is not actionable. The recommendation you leave the house was probably for your own good and may have been because the officer could not determine who was the aggressor.
Answer Applies to: Michigan
Replied: 4/4/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Nope. Cops have full discretion on who/when they will arrest someone.
Answer Applies to: California
Replied: 4/4/2013
Ascheman & Smith | Landon Ascheman
It doesn't sound like you have a claim to sue the police.
Answer Applies to: Minnesota
Replied: 4/4/2013
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