Q: Can I file a lawsuit against the police department for a false arrest?
Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass. Case goes to trial 2.5 years later and was dismissed by the state 1 day before trial. Can I sue for a false arrest?
A: Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.
1 user found this answer helpful
A:
Of course you can sue. But I think you're asking the wrong question. The correct question is, " Should I sue this officer and /or his police department?" If you think it was a colossal pain in the rear being arrested and then having that case hanging over you for 2.5 years, you haven't suffered anything in comparison to the misery a civil rights lawsuit will visit upon you. First, you'll have to pay a lawyer many thousands of dollars to do the work. Second, law enforcement officers usually have immunity from most lawsuits of the type you're talking about, unless they have violated civil rights because of a person's race or other Constitutionally-protected status. Nothing you have said remotely suggests the officer was acting in such a manner. Third, and most importantly, the likelihood of you winning a jury trial based on what you say happened is so small that most lawyers wouldn't take your case even if you are able to pay them the (probably) tens of thousands of dollars it will require. And finally, even if you do win a jury trial and get the jury to agree that your civil rights were indeed violated, you have almost no monetary damages to support a large money verdict. This means that even if you win a trial, you will almost certainly get beat up financially.
So, in conclusion, please understand that I could be totally wrong about this. By all means talk to a civil rights attorney and see what they think. But if I were your lawyer, I would advise you to be happy that in the end you beat that officer by getting your criminal case dismissed.
Kiele Linroth Pace agrees with this answer
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