Arlington, TX asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas

Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year later, the city police department has certified to the court clerk that they have complied, but in fact my status as a jail inmate in 2019 and public report with my name on it are still publicly searchable. My attorney has had a very difficult time getting to the responsible parties and even after finding them no action has been taken by the city P.D.

Can I sue the city for damages to my reputation for false arrest and falsifying gov't records?

2 Lawyer Answers

A: No, the city almost certainly has official immunity from any such claim.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of your rights.

To proceed, you'll need to find an attorney who has experience in civil rights or wrongful arrest cases. It's important to gather all relevant documentation, such as court records, the expungement order, and any correspondence with the police department, to support your case.

Given the complexity and the potential for significant legal hurdles, reaching out to a law firm with expertise in these matters is crucial. They can assess your situation in detail and advise on the best course of action to seek justice and compensation for the harm you've experienced.

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.