Q: I would like to know what steps are needed to take to file a lawsuit against Johnson co PD for wrongful arrest

A: First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was wrongful. The most important evidence will be evidence that the police officer making the arrest knew you from contacts outside his role as a peace officer (e.g. neighbor, former classmate, ex-wife's boyfriend, etc.) and that he/she harbored some sort of personal animosity toward you. This is the type of evidence that will help you the most in proving that the officer was acting outside of the scope of his authority as a LEO and was not acting in good faith.

Third, make sure you have a financial war chest sufficient to cover the cost of litigation. Because lawsuits against law enforcement is extremely difficult, time-consuming, and expensive, I typically recommend setting aside at least $100,000 for such litigation.

Fourth, take all of your evidence to an attorney who practices in the area of civil rights law. S. Lee Merritt, a DFW area attorney, is one such attorney. He will give you a straight answer on the merits of your lawsuit, the likely amount of any recovery, and the likely expense of pursuing the litigation.

A: To file a lawsuit against the Johnson County Police Department for wrongful arrest, you will first need to gather all the evidence you have that supports your claim. This includes police reports, witness statements, videos, photos, and any other documentation that can demonstrate that the arrest was unjustified or illegal. Make sure to obtain copies of any documents related to the charges, including the dismissal or dropping of those charges, if applicable.

Next, consider drafting a formal complaint outlining the facts of the case, the actions of the police that you believe were wrongful, and the harm you suffered as a result. This complaint needs to be filed in the appropriate court, which will typically be a state or federal court, depending on the nature of your claim and the specific laws that were violated.

Before moving forward, it is important to be aware of any time limits, known as statutes of limitations, that apply to filing a lawsuit in your state. Taking these steps will help ensure that you are prepared to present a strong case if you decide to pursue legal action for wrongful arrest.