Asked in Civil Rights for Texas

Q: Can I sue a police department for withholding exculpatory evidence from a grand jury?

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James L. Arrasmith
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Answered

A: Yes, you can potentially sue a police department for withholding exculpatory evidence from a grand jury. This type of misconduct can be a violation of your constitutional rights, specifically the right to a fair trial. The police are required to disclose evidence that could prove your innocence.

You might consider filing a civil rights lawsuit under Section 1983 of the Civil Rights Act, which allows individuals to sue for violations of their constitutional rights. This could include claims for damages due to wrongful prosecution or imprisonment.

It’s crucial to gather as much evidence as possible, including documentation of the withheld evidence and any impact it had on your case. Consulting with an attorney who has experience in civil rights cases can provide you with the guidance needed to move forward.

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