Can I sue the county district attorney, local police, my stalker/harasser for violating my personal rights and freedom? 14 Answers as of November 04, 2012

My father-in-law has attacked, stalked, and harassed my household and I for two years. He and cohorts have just recently attacked me in public on camera while he has an order of protection against me and is currently on a one year conditional release due to ramming his car across double yellow lines into the vehicle I was driving causing serious physical injury to me. I did everything I could to avoid and keep my distance but he is persistent with his terrorism. It has gotten so far that anybody associated with me or my family also was threatened and harassed including neighbors and their friends. Local law enforcement only document but never any arrest or prosecute from the District Attorney. What are my options and please don’t say move.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If he committed crimes the police would have arrested him unless there was no proof or witnesses. I do not know the facts of the cases but you cannot sue the police or district attorney. You can sue anyone who has committed a tort against you if you can prove money damages.
Answer Applies to: New York
Replied: 11/4/2012
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
It is always possible to sue someone who has committed a wrong against you. However, one thing to consider is whether, if you win the suit, can you collect on any judgment that is awarded to you i.e. does the person you are suing have any money or assets to collect from.
Answer Applies to: Colorado
Replied: 10/18/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
You may sue him, but if you sue the DA or Pd you will lose.
Answer Applies to: Nevada
Replied: 10/15/2012
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Your stalker only. You can file a lawsuit for assault and for intentional infliction of emotional distress. However, if you want something done on the criminal charges, you could report the matter to the county sheriff or to the attorney general if you believe the local cops are in cahoots with your father-in-law. Otherwise, if no one will do anything, you could go to the local paper/news.
Answer Applies to: Missouri
Replied: 10/15/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Suing the DA is not an option, because he/she and the police have immunity. I find it interesting that he is about to kill you (according to your story), and you will not consider moving.
Answer Applies to: Georgia
Replied: 10/15/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The prosecutor has sole discretion to charge or not to charge and he has immunity for his actions.
    Answer Applies to: Michigan
    Replied: 10/15/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You can't sue the police or prosecutor for not enforcing the law. Washington courts have consistently held that there is no specific duty to arrest, protect or prosecute. The behavior you describe is excessive. Under the court rules, you can present a judge with evidence of a misdemeanor in District Court and the court can order the prosecutor to prosecute. Other than that, you can sue your tormentor for the tort of outrage but you must do so withing two years of his last act.
    Answer Applies to: Washington
    Replied: 10/15/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Sure you can, just be prepared to cough up a couple hundred bucks per hour in legal fees that your lawyer will need to sue for you.
    Answer Applies to: California
    Replied: 10/15/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    You can request a civil protection order then if they break it they can be charged with a crime.d.
    Answer Applies to: Colorado
    Replied: 10/15/2012
    Hamblin Law Office | Sally Hamblin
    If it occurred as you say under those circumstances, yes he should be arrested for violation of personal protection and let the court decide if it was violated. The accident could result in a lawsuit against your father-in-law. Regarding the police, contact the Michigan Attorney Generals Office and make a complaint. That office should advise you what direction to take. Be careful.
    Answer Applies to: Michigan
    Replied: 10/15/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can sue the stalker but not the law enforcement agencies. One must assume that they have not considered the case sufficiently strong to charge at this point.
    Answer Applies to: Minnesota
    Replied: 10/15/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Lawsuits against the police and DA in this type of case never work out because of immunity and the damages not being valued enough by a judge or jury, but you could sue your father in law and more importantly you should file a PFA based on the attack caught on tape. If he does it again after that they can send him to jail.
    Answer Applies to: Pennsylvania
    Replied: 10/15/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The State Attorney and the cops are protected by qualified immunity. You can sue the stalker, but he would have to have much money to make it worthwhile. You should consult with a local attorney.
    Answer Applies to: Florida
    Replied: 10/15/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Go to the State Police or other higher law enforcement agencies. I know you do not want to move. It makes too much sense. Why not get a lawyer and sue him?
    Answer Applies to: Michigan
    Replied: 10/15/2012
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