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?
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.
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