Dundalk, MD asked in Gov & Administrative Law for Maryland

Q: can I take the Maryland State Police to small claims court

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims court is not the venue for a Section 1983 federal civil rights lawsuit, and sovereign immunity likely bars most other claims. If property or money was seaized and not returned, there are other procedures and venues to pursue their return or challenge their forfeiture. The lack of facts and context for your question--e.g., WHY and for WHAT reason you want to sue the police--matter, and no lawyer can provide guidance without those facts.

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