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