Kingsport, TN asked in Criminal Law and Civil Rights for Tennessee

Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released from jail on own recognizance, I took myself to hospital and was taken urgently to cath lab for Takoshuto syndrome caused by extreme stress from altercation.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect situation which I believe is required when suing LEO's.

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