Police False Arrest - How to sue?

Question

My brother called police to report a man who tried to strangle him at a gas station in front of many witnesses, including the station owner. My brother then went home (this is a very small town, we have 2 officers). An officer met my brother outside his home, began shouting at him to get away when he approached the car, and told him not to move, to put his hands up. He told the officer that he was the victim that called police, and then moved away from the car and stood in his driveway, waiting for the other officer to arrive. The #1 officer came out of the car and grabbed my brother, handcuffed him, and forced him into the back of the car. My brother did not resist, but kept asking why he was being arrested. I was there along with others. He was not read his rights or told why he was being arrested. He is being charged with resisting arrest, and with all the witnesses we expect that the charge will be dropped, but can my brother sue the dept for loss of wages and attorneys fees?

My brother did get a lawyer, he will owe him $700 after the trial. He already paid out $150 of bail from being arrested, this will probably be put toward court fees if they are not waived, and the man who attacked him will be in jail for a time. The problem is that my brother has no more money, lost over a week of work, can't pay the lawyer his fees, so wants to sue the PD for those fees, and fees that he may need for a lawsuit. This would take a different lawyer because it's a civil suit. He just wants to know if he has a chance to get this stuff paid if he files suit, he doesn't want to have to owe even more money if it could be a losing battle. He is 37 yrs old and does have old misdemeanors on his record (traffic, old battery charge), but can they use those to deny him damages for civil rights violation/false arrest in this case?

We want to sue by individual or class-action, whichever will work. The jurisdiction is Jo Daviess County, Illinois. The towns of authority are Galena and Hanover, together they have a pop of abt 900. The police do what they want, when you try to fight something they harrass your family (give you traffic fines, follow you around, false arrest to make you lose work, etc). We would like to find out how to sue, or file class-action. The Public Defendants don't help, since they are with the court, and they don't give any advice, either. Private attorneys are very costly, and in this case, we can't even find a civil rights attorney in the area within 50 miles. I've checked the web and phonebook. There MUST be someone in our area that can represent the people of Hanover, IL against color of law.

Answer 1

Most defintely.
See who has jurisdiction for oversight for that police department.

There should be some Internal Affairs unit, or the like that polices the police.
With witnesses, and an actual arrest made,then someone has 'lot of splaining to do'

Best thign to do is write the chief, dont tell anyone, WRITE Them, so you can forward letters of this to their higher position to ensure the full measures of the law are taken, and not some friendly reprimand that leads to no true accountability for their actions.

Then get yourself a lawyer. Which shouldnt be too hard since this is almost an open shut type case, with witnesses and the story you told -- if it is infact true.

Police commissioner, Internal Affairs, heck contac the Feds and ask them who has oversight for your small town.
Send everyone letters of complaint and demand immediate swift action.

AND get your lawyer!
Good luck
I hate dirty cops

Answer 2

1

Answer 3

the police can detain you with out arresting you. being handcuffed and put in the car is not being arrested so he would not needs his rights read to him. if he was taken down to the station and read his rights after they decided to arrest him! then you don't have a case!

I AM NOT A LAWYER

But my experience has taught that the Police Can do anything they want to in order for you to get Justice you need a Legal Hammer/Pit-Bull of a lawyer IE: Johny Cockran or Jackie Childs type good luck

Answer 4

Your brother must hire the best lawyer he can get. Do not worry how much the lawyer will charge for his services. A good lawyer will save your brother jail time and money.

Answer 5

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Answer 6

well have I heard that before. ask any person in prison if they innocent. the will say " innocent". I think your bro told u a fib. for the police to take your bro away the police had different witness's than your bro. put him in jail, and forget the law suit.
ps am not a pd