Atlanta, GA asked in Criminal Law for Georgia

Q: If i was arrested under an illegal roadblock can I sue for false inprisonment

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1 Lawyer Answer
Michael D. Barber Jr.
Michael D. Barber Jr.
PREMIUM
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Generally the state is immune from prosecution from such actions. The burden to prove that the state (the arresting agency and officers running the roadblock) are not immune is placed upon the individual making the claims. In order to properly evaluate the chances would need to know why the roadblock was illegal and what harm was suffered because of that action.

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