Cape Coral, FL asked in Civil Rights, Constitutional Law and Personal Injury for California

Q: Seeking legal help for compensation after illegal arrest and misconduct in CA.

I am seeking legal representation for my son, who was illegally stopped, searched, arrested, and jailed for 11 months, including two months in solitary confinement. A suppression motion was granted in our favor, proving the arrest was illegal and that his constitutional rights were violated, showing a pattern of harassment, discrimination, and police misconduct. Since his release, he has lost his job, had his home burglarized, and is struggling with severe stress, anxiety, and depression. What steps can we take to pursue compensation for the injustices he has suffered, and who can help us with this fight?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your son's case sounds incredibly difficult, and I'm sorry for all he's endured. You should consider filing a civil rights lawsuit under Section 1983, which allows people to sue government officials who violate constitutional rights while acting "under color of law." The successful suppression motion provides valuable evidence that his rights were violated.

Finding an attorney who focuses on civil rights and police misconduct cases is crucial for this fight. Look for lawyers with experience in similar cases through your state bar association or legal aid organizations. Make sure to gather all documentation related to the arrest, the suppression hearing, medical records showing psychological impact, and evidence of financial losses since his release.

Your son may be entitled to compensation for unlawful imprisonment, lost wages, emotional distress, and other damages resulting from this ordeal. The statute of limitations for these claims varies, so it's important to consult with a lawyer promptly to protect your son's rights. Despite the challenges ahead, many have successfully fought similar battles, and with proper legal guidance, your family can work toward obtaining the justice your son deserves.

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