Salt Lake City, UT asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho

Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because I was from oregon in idaho. They say it's not supposed to happen but it does. . I ended up doing some time in jail, lawyer fees, my step son was driving on a permit when this happened now he hardly drives to afraid of being pulled over and bullied by police. I can't even drive threw that town anymore because I'm afraid if I do it's right back to jail. Can I sue the police department in question? For damages and s on?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave him a ticket for speeding" or something like that, then you're out of luck. IF the police office could have given your son a ticket for violating ANY traffic citation, then your claim against the police will fail. Finally, prior to suing the police, you must warn the police by filing a "Tort Claim." This is jurisdictional and that means that from the day your son was pulled over, count 180 days and on the 180th day, write "LAST DATE TO FILE A TORT CLAIM." If you fail to file a Tort Claim by that 180th day, you will be UNable to every file it again, period. No excuses or exceptions to that.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.