what sort of lawyer would u talk to about sueing thr sheriffs department

by Moriah Lindgren 5 min read

FWIW, unfortunately nothing in your post indicates YOU have grounds to sue the Sheriff's office, nothing to over come the qualified immunity that police enjoy, and nothing indicating your rights or privileges were trampled. But, see a local civil rights attorney and discuss your options. I wish you and your daughter all the best...

A civil lawyer is in the best position to assess whether the crime for which you are a victim of, meets the required threshold to sue the police. On the other hand, if the person was cleared of criminal liability by the police, you have the option to pursue the matter in a civil suit against them.Oct 21, 2019

Full Answer

What kind of lawyer do I need to sue a city?

File: Blum.343.GALLEY(k) Created on: 5/23/2005 4:17 PM Last Printed: 7/7/2005 2:52 PM 2005] Suing Sheriffs under § 1983 625 violations caused by its own policymakers,9 will bear no liability for conduct attributed to a sheriff who is a state policymaker.10 While a suit against a state policymaker may proceed against the

Is it difficult to sue the police?

Apr 10, 2013 · Answered on Apr 11th, 2013 at 11:37 AM. Well you ca talk to the Sheriff directly and tell him that you are going to get an attorney and sue if nothing is done to find out and deal with this situation. That usually gets the person's attention. Also …

Do I need a lawyer to sue the government after an accident?

Jul 30, 2013 · FWIW, unfortunately nothing in your post indicates YOU have grounds to sue the Sheriff's office, nothing to over come the qualified immunity that police enjoy, and nothing indicating your rights or privileges were trampled. But, see a local civil rights attorney and discuss your options. I wish you and your daughter all the best. NOT LEGAL ADVICE.

Can a victim sue a police officer for misconduct?

Mar 28, 2012 · For state law claims, you may have to comply with sovereign immunity laws which might require giving the government notice of your claim. In Florida, you have 3 years from the date of the incident to file your notice of claim on the state law claims. This area of the law is very tricky and the litigation can be time consuming and highly expensive.

What happens if you sue the police?

If you are successful in a lawsuit against the police and prevail at trial the available damages depend on the circumstances of the case: Economic Damages: if the court found that the police were guilty of misconduct, the plaintiff might be awarded economic damages to compensate for financial losses.

How to be successful in a lawsuit against the police?

In order to be successful in a lawsuit against the police, it is important that you have taken to protect your rights in court. First, save any evidence of police misconduct. This might include photographs or video, eyewitness testimony, or medical records if you suffered physical injuries.

What is excessive force?

Excessive Force: Where a person has been the victim of excessive force by a police officer that resulted in serious injury or death, they have grounds for a lawsuit against the police.

What is the difference between harassment and discrimination?

Harassment can include a variety of behavior on the part of the police, including illegally spying or surveilling, racial profiling, or making sexist, racist, or homophobic comments. Discrimination: Like harassment, there must be proof that the behavior is part of a pattern. Discrimination might be on the basis of race, ethnicity, gender, sex, ...

What is the 4th amendment?

Fourth Amendment Violation: The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures at the hands of the government. The police are considered agents of the government and are required to adhere to the protections in the Fourth Amendment.

What is government immunity?

Governmental immunity is a policy that protects governments and government agencies from lawsuits in many cases. The intent behind governmental immunity is to make it easier for governments to make decisions and take action without the fear of being sued for their conduct.

What is the immunity of a police officer?

Qualified immunity means that police officers are protected from being sued as long as they are acting within the guidelines of their job and not acting negligently or unreasonably.

John Arnold Steakley

Sue them for what? There's nothing in your post that law enforcement did anything that would subject them to a lawsuit.

Rixon Charles Rafter III

You can sue the avvo 'find a lawyer' tab or call yoru state or county bar association and see if they have a lawyer referral service.

Scott Benjamin Riddle

You'll have to search for a lawyer, and you may get responses here from lawyers who handle such cases. However, after reading your post, the question is what is your claim (other than obvious claims against the person who committed the crime)? Conditions for bond are set by the Court, not law enforcement.

James Regan

This is a very complex variety of litigation. You may have a better excessive force claim than you would a false arrest case. The State may have dropped he charges because at trial you would testify about the broken leg.

Eric Duane Stevenson

Generally, for a false arrest claim, the statute of limitations begins to run from the date of arrest. The same goes for an excessive force claim. If you were to pursue your claims as a Section 1983 Civil Rights claim, the general negligence statute of limitations for the state in which the incident occurred would apply.

Stephen Andrew Mosca

As you may imagine, many people would like to, and have tried to, sue the police, the city, and any and all other form or function of government. As a result of all that litigation, and the government being in a pretty good position to protect itself, a very arcane and somewhat labyrinthine series of procedures, rules, and timelines have developed.

How to Sue a Police Department or Sheriff

IOWA#N#If I want to sue (civil action, false arrest, IOWA) a sheriff or a city police officer do I have to notify the county or city first, and if so, who exactly?

Re: How to Sue a Police Department or Sheriff

This is the incident? How would that be a false arrest? (Have you been acquitted yet?) You're not going to win a case against the officer based upon the contention that the officer didn't do enough independent corroboration of the alleged victim's complaint against you.#N#You can read Iowa's laws of governmental immunity at Iowa Statutes Chapter 670..

What Police Department are you Suing?

Another thing one has to consider is what department you are really going after. Some cities have their own police departments because their city budget hires and fires the department within their own city policies. However, many cities contract with the County Sheriff’s department.

Why You Should or Should NOT Sue?

At the beginning of this article was the statement that you may need to consider a very important question in your desire to sue the police department: For What? This is where an experienced lawyer must step in to assess the causes of actions (or, reasons to sue) that will form the basis of your lawsuit.

Risks

  • It is absolutely possible to sue the police, because they are not themselves above the law. While it is difficult, it is definitely not impossible to succeed in a lawsuit against the police. Lawsuits against law enforcement typically involve some form of police misconduct. Police misconduct occurs when a police officer violates someone elses constitutional rights.
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Examples

  • There are several examples of police misconduct, including false arrest and imprisonment, perjury, police brutality and corruption, racial profiling, and the falsification and spoliation of evidence, among others. The most common of these misconduct claims are:
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Causes

  • Suing a police officer for emotional distress is also possible. However, it is on the victim to prove that the police officer acted intentionally or recklessly to cause the emotional injury, or that the police officer acted so negligently that their actions caused emotional distress.
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Administration

  • Before a citizen can proceed with suing a police officer, they must first go through the appropriate administrative channels. Most states actually require this prior to filing a lawsuit. Administrative law governs the activities of governmental agencies, and could include reporting the incident to the police departments division of internal affairs or the Department of Justice.
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Issues

  • Victims may sue the individual police officers involved in their case, the supervisor of those officers involved, as well as the government that has employed and regulates them. Most commonly, in misconduct claims, it is the individual police officer themselves being sued. Governmental immunity plays a large role when suing the offending municipality.
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Significance

  • Because of how difficult the governmental immunity doctrine makes suing a municipality, suing a police officer supervisor is generally only feasible if they were directly involved with the incident in question. Typically, courts will not find a supervisor vicariously liable, or responsible for the actions of another person, such as a person they hired.
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Prognosis

  • The chances of success when suing a police officer depends greatly on the type of claim being made against the officer. Cases against abuse of power that have legal backing, such as civil forfeiture (or the legal confiscation of personal property without a warrant), are typically much more difficult to win.
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Effects

  • Property owners are at risk of losing their property without being convicted, or even charged with an offense, and the law is unfortunately stacked against those who have lost property to the police. Conversely, some see civil forfeiture as a tool utilized by the police to discourage organized crime involved in illegal drug trade, or other similar criminal organizations.
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Uses

  • Easier-to-prove lawsuits could include negligence, excessive force, or intent. For instance, if an officer fatally wounds an innocent bystander, but the officers body camera was not recording the incident, the question of intent would come into play. Wrongful death lawsuits, as well as homicide charges, are not uncommon as the law is less likely to protect police officers involved i…
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