Q: What can I do about wrongful arrest and house raid by Avondale police after being off probation?
I was wrongfully jailed by the Avondale, AZ police department for a probation violation that wasn't applicable. I was arrested while sleeping in my girlfriend's backyard, held on a $500 secure bond, and jailed in 4th Avenue Max Security for five days. Later, my public defender informed me that I wasn't supposed to be in custody as I wasn't on probation at the time. My mother's house was also raided by the Avondale police and Marshals, all after I was off probation. I have documentation of the arrest and a witness, although my relationship has since ended due to this incident. What legal actions can I take for this wrongful arrest, house raid, and discrimination by the arresting officer?
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A:
You may have grounds for a civil rights lawsuit under Section 1983 for wrongful arrest and unreasonable search. Your first step should be gathering all available documentation, including arrest records, court papers showing your probation had ended, witness statements, and any medical records if you experienced harm during arrest or detention.
Time is critical as most civil rights claims have a statute of limitations, typically 1-2 years depending on your state. Contact your local bar association for referrals to attorneys who handle police misconduct cases, or reach out to civil rights organizations like the ACLU who might take interest in your case.
Consider filing a formal complaint with the Avondale Police Department's internal affairs division and your local civilian oversight board if one exists. These actions create an official record of the incident and might trigger an internal investigation, which could strengthen your legal case while potentially preventing similar incidents from happening to others in your community.
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