Can I sue the police for false arrest, false imprisonment, and manhandling me while in police custody? 18 Answers as of December 17, 2012

Police came to my house, falsely arrested me and imprisoned me on charges that the district attorney later refused to prosecute for lack of evidence. I sustained bodily harm documented in a hospital report. I sustained emotional/psychological as well as professional harm that is still ongoing. I want to sue the police. Can I do it and under what law? Furthermore the police entered my house without a warrant and removed some of my belongings. Can I sue under 4th amendment civil rights action? I am the plaintiff. Which kind of an attorney should I be looking for?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You should be looking for a lawyer who is comfortable in Federal Court, and who knows how to handle a police brutality case.
Answer Applies to: Michigan
Replied: 12/17/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You can Google "police brutality lawyer" in your area or call me for a referral. Depending on the facts you may be able to sue the police unless you resisted arrest or assaulted the police.
Answer Applies to: New York
Replied: 12/10/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can sue the police. However, you better have a good attorney, because police have qualified immunity.
Answer Applies to: Georgia
Replied: 12/6/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Look for an attorney that handles civil rights suits against the police. Don't delay - there are time limits you must meet for a claim to he filed.
Answer Applies to: California
Replied: 12/6/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Contact an attorney who practices in Civil Rights violations as a specialty. This is a case not properly before this criminal defense forum, but you should have remedies by seeing a civil attorney specializing in the above-noted area of law.
Answer Applies to: Illinois
Replied: 12/6/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Your claim, if any, would be what is called a 1983 civil action and in order to determine if you have an actionable claim against the police, seek out attorneys experienced in such actions and/or police misconduct for a consultation.
    Answer Applies to: Michigan
    Replied: 12/6/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You are looking for a civil rights lawyer.
    Answer Applies to: Michigan
    Replied: 12/5/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can certainly sue. However, I do not have enough information to tell whether a suit is likely to be successful. Some questions that need to be answered are, what evidence did the police have (for example, if they had probable cause to make an arrest, you may not have a case despite the fact that charges were later dismissed). Did they obtain an arrest warrant before arresting you? The police do not need a search warrant to enter your home if they have an arrest warrant. They can remove evidence that they find in the home while executing the arrest warrant. You need a trial attorney. If you find one that advertises for Civil Rights violations, this would be a good candidate. A personal injury attorney might be good. A litigation attorney might be good. You may have to call a number of attorneys to find one to take the case.
    Answer Applies to: South Carolina
    Replied: 12/5/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes; you need to find an attorney who handles such cases (1983 cases).
    Answer Applies to: Florida
    Replied: 12/5/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You should be looking for an experienced civil rights attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options. Be aware that police misconduct/brutality cases are complex and that there are time limits and procedures that must be followed before you can actually file your lawsuit.
    Answer Applies to: California
    Replied: 12/5/2012
    LAW OFFICE | JAMES A. GIZICKI
    You should contact an attorney immediately. There are many other factors that have to be known to make a professional opinion.
    Answer Applies to: Michigan
    Replied: 12/5/2012
    MARK MILHOLLIN | MARK MILHOLLIN
    Yes, typically it is a section 1983 action under federal law. civil rights violation. looks possible from what you write. look for personal injury lawyer who handles those.
    Answer Applies to: Georgia
    Replied: 12/5/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    A civil rights attorney.
    Answer Applies to: New York
    Replied: 12/5/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    It depends on proving several things two of which are that the search warrant was somehow defective or the police lied to get it. If they relied on a confidential informant that lied that's not good enough. You will also need to prove actual bodily injury and you want a personal injury attorney with a background in constitutional law.
    Answer Applies to: Iowa
    Replied: 12/5/2012
    Ascheman & Smith | Landon Ascheman
    You can sue under a 1983 claim. Although you may not have very much luck based on these facts.
    Answer Applies to: Minnesota
    Replied: 12/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The police have qualified immunity. Unless they failed to act in good faith, your suit may be thrown out. You should discuss the facts in detail with a civil rights attorney.
    Answer Applies to: Washington
    Replied: 12/5/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    You may have a claim. It would be a civil rights claim under the 4th Amendment. You would bring a section 1983 action. You will want to find a Civil Rights attorney.
    Answer Applies to: Illinois
    Replied: 12/5/2012
    Mary W Craig P.C. | Mary W Craig
    You need an attorney experienced in suing police departments under Sec. 1983 of the United States Code. Be aware, though, that if the police had probable cause or exigent circumstances, a judge may hold they had the right to enter without a warrant. If you were injured during this, the police will likely say you were resisting arrest or interfering with governmental operations, something like that. Good luck to you.
    Answer Applies to: Alabama
    Replied: 12/5/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney