Reston, VA asked in Civil Rights and Constitutional Law for New York

Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.

First, gather all evidence related to the incident, including witness statements, video footage, and any other relevant documentation. This evidence can support your case if you decide to pursue legal action or file a complaint against the police department for their handling of the situation.

Consult with a criminal defense attorney to discuss your options. They can help determine whether you have grounds for a lawsuit based on how the police conducted the arrest and their decision not to charge the other person. Additionally, the attorney can assist you in understanding your rights and the best steps to take moving forward.

If you believe there was misconduct or bias, you might also consider filing a formal complaint with the police department's internal affairs division or a civilian review board. This can prompt an investigation into the officers' actions and potentially lead to corrective measures.

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.