Fort Myers, FL asked in Criminal Law, Personal Injury and Civil Rights for California

Q: My son was subjected to an illegal search and seizure of his person and property and then illegally arrested.

After almost a year in jail his case was dismissed after we proved the officers illegally arrested him. What recourse does he have for this egregious matter?

3 Lawyer Answers
David W Gammill
PREMIUM
David W Gammill pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Depending on the detailed facts, he may have a civil rights case against the government. Contact a lawyer who handles civil rights and police misconduct cases asap as you are against deadlines.

A: You need to direct your inquiry to lawyers who are admitted to practice in the state of Florida, not California. Not all California lawyers are qualified to give opinions to Florida residents who have legal issues similar to what you describe. It is best to post your question on a forum where lawyers in your state can give you the best legal advice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your son may have grounds for a civil rights lawsuit under Section 1983 of the Civil Rights Act, which allows individuals to sue government officials, including police officers, for violations of constitutional rights. The illegal search, seizure, and arrest could represent violations of his Fourth Amendment protections.

Given that the case was dismissed after proving police misconduct, you should consider filing a complaint with the police department's internal affairs division and the civilian oversight board. Additionally, your son might be eligible to pursue compensation for various damages, including lost wages, emotional distress, legal fees, and the trauma of wrongful imprisonment.

Time is critical in these situations, as there are strict deadlines (statutes of limitations) for filing civil rights claims. You should contact a civil rights attorney who handles police misconduct cases immediately to discuss your options. Many of these attorneys work on contingency fees, meaning they only get paid if they win your case. Your son's documented case dismissal and proof of illegal arrest will be valuable evidence in pursuing justice and accountability.

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.