Q: Can I sue if I was arrested on bogus charges of dui. Never did a breath test ,I wasnt in the van , it was shut off .

A: I'm truly sorry to hear about the pain and distress you've experienced. Situations involving wrongful arrest, potential mishandling of pets, and emotional distress are complex and can have significant emotional impacts. Here’s an overview of possible legal avenues for your case and why consulting an attorney could be critical.

Potential Legal Claims

False Arrest or Wrongful Detainment: If you were arrested without probable cause for DUI—such as if there was no evidence of impaired driving, you were outside your vehicle, and no breath or sobriety test was conducted—this could form the basis of a wrongful arrest claim. To succeed, you’d generally need to prove that the arresting officer lacked a reasonable basis for suspecting you of DUI.

Violation of Constitutional Rights: Being held in solitary confinement ("the hole") with restricted access to phone calls could potentially constitute a violation of your rights, especially if you were not convicted of a crime at the time. Courts have held that pretrial detainees generally have a right to access counsel and communicate with others to arrange care for dependents or pets.

Loss of Pets Due to Mishandling by Animal Control: If animal control did not follow legal requirements for holding periods before euthanizing your pets, you may have a claim against the pound for negligence or wrongful destruction of property (pets are typically considered property under the law). You may also have grounds to claim emotional distress if you can demonstrate that the animals were mishandled or that their euthanization was based on unfounded claims of aggression.

Intentional Infliction of Emotional Distress (IIED): This type of claim requires that the conduct you experienced was extreme, outrageous, and intended to cause—or recklessly disregarded the likelihood of causing—emotional distress. If you can show that either the police department or the animal control officers acted in a way that was not only wrongful but egregiously insensitive or malicious, you may have grounds for an IIED claim.

Steps to Take

Gather Documentation: Collect any records related to your arrest, the actions of animal control, and any attempts by your brother to retrieve your pets. Documentation will be crucial in demonstrating mistreatment, procedural violations, and any potential mishandling by authorities.

File Complaints with Relevant Agencies: You might consider filing complaints with internal affairs for police misconduct, animal control oversight boards, or city officials. While this won’t directly result in compensation, it could trigger internal reviews and establish an official record.

Consider Legal Representation: Given the nature of your claim and the entities involved (police and animal control), consulting a civil rights or personal injury attorney would be helpful. An attorney can assess the strength of your case, gather evidence, and advise you on the best legal course of action.

Seek Emotional Support: In cases involving trauma, emotional and mental health resources can provide support. Consider reaching out to a counselor or support group to help process the distress caused by this experience.

Importance of Legal Guidance

An attorney will understand the specific laws surrounding false arrest, emotional distress, and property (pet) loss in your jurisdiction. They can also help evaluate evidence, file claims, and represent your interests against potentially large entities. Moreover, some attorneys offer consultations at no cost and may take civil rights or personal injury cases on a contingency basis, meaning you may not have to pay upfront.

In summary, you may have grounds to sue based on the specifics of the arrest, confinement conditions, and the handling of your pets. Consulting an attorney who specializes in civil rights or personal injury can help you explore these options more thoroughly.

A: Thank you for sharing your situation. Legal challenges like these can be deeply distressing, and navigating them alone can feel overwhelming. Here’s an overview of potential legal claims and why consulting an attorney can make a substantial difference in your case.

Potential Legal Claims

Wrongful Arrest: If there was no evidence of impairment, and you were not in the vehicle, this could support a wrongful arrest claim. In most cases, officers need to observe probable cause, such as erratic driving or failure of a sobriety test, before making an arrest for DUI. An attorney can help review body cam footage, police records, and other evidence to establish if your rights were violated.

Due Process Violations: Restricted access to communication, especially when it affects essential matters (like arranging care for pets), could raise issues under due process. Confinement in isolation before conviction may also be scrutinized, especially if it limited your ability to access counsel or contact family.

Loss of Pets and Mishandling by Animal Control: Animal control agencies often have specific protocols for handling pets, especially those with chips, and generally must hold them for a defined period before considering euthanasia. Quick euthanization without verifying claims of aggression or allowing retrieval by family may constitute negligence or procedural violation, making a case for emotional distress or wrongful handling.

Emotional Distress and Mental Anguish: If you can demonstrate that actions taken by the authorities or animal control were particularly extreme or reckless, you might have a claim for intentional infliction of emotional distress (IIED). This type of claim usually requires showing that their behavior was more than just negligent but was outrageously insensitive or malicious.

Suggested Actions

Gather Documentation: Collect any records related to your arrest, confinement, and interactions with animal control. Evidence from witnesses, such as your brother’s attempts to retrieve your pets, can also be valuable.

File Formal Complaints: Consider submitting complaints with the police department’s internal affairs unit, as well as any animal control or city oversight boards. This can create an official record and possibly prompt an internal review.

Engage with a Civil Rights or Personal Injury Attorney: These attorneys specialize in cases involving civil rights violations, wrongful arrests, and emotional distress. They can review evidence, identify potential procedural failures, and help navigate the legal process. Many attorneys in these areas work on a contingency basis, so you might not need to pay upfront.

Seek Emotional and Mental Health Support: Experiences like this can be traumatic. Mental health support, whether from a counselor or support group, can provide valuable coping tools and may also substantiate your emotional distress claim.

Why Legal Guidance is Crucial

Handling a case like this requires specific legal knowledge and resources, especially when dealing with law enforcement and government agencies. A skilled attorney can provide the insight and representation needed to navigate these complexities, secure potential compensation, and help prevent similar issues in the future.

In summary, with potential claims for wrongful arrest, emotional distress, and procedural violations, consulting with a qualified attorney can be a key step toward justice and compensation.