Midland, TX asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas

Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail. Arraignment was reset numerous times and eventually dismissed before I was ever arraigned. This could be verified by lady doing intake as she issued the returned bond check. They arrested me in front of my work, coworkers and clients watched. I was fired numerous times because of resets that i attended, I lost $500 in work that day and my boss had to find 9-1-1 help that cost him quadruple my cost, held for 2 days, car impounded, treated like garbage, made fun of and finally released on !0K bail through bail company was paid $1500 cash from a coworker that had seen the dismissal and check for original bond and knew I was innocent. His family is now suffering as well. Please help me. Thanks

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good news is that, because this is a federal court, you are not limited to Texas attorneys.

Law enforcement is generally protected from routine mistakes by Qualified Immunity. My understanding is that, in order to pierce the immunity, you've got to show that the cops acted with some sort of impermissible bias against you personally, not just that they made a mistake or are bad at their job. HOWEVER, this is not my area of law. My understanding might be totally wrong. You should absolutely talk to a federal civil rights attorney about this issue.

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