Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?
DA investigator in bad faith filed an affidavit of probable cause filled with false allegations & withheld exculpatory evidence violating my 4th amendment rights. 5months in jail DA dismissed upon being informed of that material evidence withheld. so now I want to file a tort claim but who do I send notice to since he is a county detective? the county or the state?
A: Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)
Under the rule in White v. State ex rel Harris, filing an affidavit is a prosecutorial function. So, you can't sue in this case.
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