Walhalla, SC asked in Criminal Law, Immigration Law, Personal Injury and Civil Litigation for South Carolina

Q: If a city police department is calling ice on some criminals but not all, would this be illegal and could you sue

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: Incredibly difficult to prove and at the end of it all, unlikely to get you anywhere since there is something called sovreign immunity which says that decisions of who to investigate and when are left to police departments. Discrimination on an iundividual basis, not related to race, isn't necessarily actionable--if cops do something to someone to get them off the streets, it isn't the type of discrimination they can sue for.

If your friend is a criminal, suggest he or she concern themselves with getting out of the life and dealing with ICE, not whether they can sue a PD for reporting them.

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