Q: I was wondering can I sue a county for wrongful arrest?
I was arrested and detained on a warrant for a case that was already finalized I don’t blame the officers but I do blame the county for not removing the warrant am I able to seek legal action for their mistake
A: I don't believe you have a case.
1. Unless you have facts that can establish that certain county officials intentionally maintained an arrest warrant against you, knowing there was no basis for doing so, they are going to be protected by sovereign immunity, as well as general principles of civil rights laws requiring a heightened standard that the government official acted way outside of line of their duties.
2. Even if you could establish what I said in point 1 above, a detention and arrest without anymore injury is generally such a minimal damage that most attorneys would take on the case, and it is probably not worth pursuing in the long-run to you as the amount of time engaging in pursuing the case (ex: discovery such as depositions; attending hearings; attending possible trial; etc.) will outweigh almost any kind of award you would get if you won.
3. You need to have filed a notice of claim against the county within 6 months of the arrest if you intend to maintain any state-based claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.