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


1 Lawyer Answer
James L. Arrasmith
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  • 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.

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