If a person is falsely charged with a serious crime, gets acquitted, and especially if it severely and permanently damages their repution/future job prospects, can a former defendant sue the state and/or the arresting agency for false imprisonment, arrest or even malicious prosecution? Can a lawsuit be brought for lost wages, damaged reputation and livelihood or even punative damages for emotional trauma?
Paul
2006-10-12 21:52:12 · 8 answers · asked by dunric 1 in Politics & Government ➔ Law & Ethics
Not just because they arrested you in error, only if it was malicious.
2006-10-12 21:54:38 · answer #1 · answered by ferdinand 3 · 0⤊ 0⤋
Actual, moral and exemplary damages could be claimed against a law enforcement agency or its personnel for malicious and false prosecution of a crime that was not really committed.
2006-10-12 21:57:04 · answer #2 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
on the instant, cheating does no longer mean lots whilst in seek of a divorce, notwithstanding it does make a small impression on toddler custody. the reality of the challenge is who has actual custody of the youngsters superb this minute? additionally you need to have the ability to validating psychological ailment, as against in simple terms claiming she is mentally no longer reliable, or perhaps once you do instruct that she may be mentally volatile, their is often the prospect that she must be in treatment or counseling, and this of path will make the accusation of psychological ailment pass down the tube. Draining your economic corporation account could be useful in case you referred to as the police superb away then pressed costs, notwithstanding if her call is in this account with you, then you definately can in simple terms ignore it. to no longer be unfavourable, however the final analysis that steals the completed instruct is the reality that she is in what the courts call, The kin domicile. Being that she remains interior the domicile that the militia made you pass away, is in her want. Above the rest that ought to have given you leverage could have been you staying interior the kin domicile, as courts and judges do no longer want to take the youngsters out of their convenience zone. the excellent ingredient which you would be able to do is to wish that her character is so sick and broken, that the courts discover you a greater desirable determination? and of path, get a reliable lawyer, as you will want it. reliable success
2016-10-19 07:44:53 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Usually not, the State has immunity. There are some very specific reasons when the veil of immunity is pierced and suit can be brought but they are rare and hard to prove.
2006-10-13 03:59:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like a very uphill battle.
2006-10-12 22:01:30 · answer #5 · answered by Anonymous · 1⤊ 0⤋
what did you do ...of course you did it. take the jury finding of not guilty and run.. if it is taken to a criminal trial there is sure enough evidence to find you liable in a civil trial...but in a civil trial you don't have a fifth amendment right to remain silent and to refuse to answer questions in a deposition. but you didn't do it so explain to us all in detail what happened. you are still permitted to take your attorneys advice and keep your mouth shut!!!!!!!!!!!!!!!!!!!!
2006-10-13 06:04:56 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Thats right you can't do that.
2006-10-12 22:27:26 · answer #7 · answered by marzmargs12 6 · 0⤊ 1⤋
Only if your rich...Sorry
2006-10-12 22:05:33 · answer #8 · answered by eva b 5 · 0⤊ 2⤋