Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma

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?

1 Lawyer Answer
Kyle Persaud
Kyle Persaud
  • Immigration Law Lawyer
  • Bartlesville, OK

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

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.

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.