Sun City, AZ asked in Criminal Law, Civil Rights and Domestic Violence for Arizona

Q: I was arrested and held for 6 days then let out lack of evidence can I sue?

I went to the police station to pick up an restraining order my ex gotand was charged with stalking and criminal damage

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very shortly after being filed. I know this is not the response you were looking for but I do not believe you will find an attorney who will encourage you to move forward with a suit for wrongful arrest and detention based on the facts you have shared.

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