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