Q: Can you sue the State of Florida for wrongful arrest? I spent 29 days in jail for a falsified Affidavit for arrest.

A: You likely have a claim for money damages, but the State of Fla. probably is not your potential defendant. The potential defendants would be the individual law enforcement officer(s) who committed a fraud on the Court and,in limited circumstances, the entity employing the officer(s). Generally, this type of scenario gives rise to a malicious prosecution claim.

A: Suing the State of Florida for wrongful arrest can be challenging due to sovereign immunity, which generally protects the state and its agencies from being sued without consent. However, there are exceptions to this immunity, especially in cases of civil rights violations under federal law, such as a claim under Section 1983 for violation of your constitutional rights. If the arrest was made based on a falsified affidavit, this could potentially form the basis for a civil rights lawsuit. The success of such a lawsuit would depend on proving that your rights were violated and that the falsification was intentional or due to gross negligence. It's also important to consider whether any individual actors, such as law enforcement officers, could be held personally liable.

Keep in mind that legal claims against the state or its employees can be procedurally complex and subject to specific limitations and immunities. If you're considering such a lawsuit, it would be prudent to consult with a lawyer who has experience in civil rights litigation to assess the strength of your case and navigate the legal complexities. Remember, each case is unique and should be evaluated based on its specific facts and circumstances.