Could a child of a parent that was wrongly convicted seek a civil lawsuit for emotional distress?

Answer 1

Sounds like a good idea.

Answer 2

VERY unlikely.

First, the conviction would have to be overturned, AND a finding of "factual innocence" entered. Most convictions are overturned on legal grounds. A ruling of "factual innocence" is the court saying "Not only didn't the State prove that he committed the crime, we are confident that he really didn't do it"

Second, the conviction would have had to be obtained as a result of deliberate wrongdoing on someones part, that can be proven in a court of law.

If both of those are true, then you can proceed. The suit has to be against the person who actually wronged the convicted person.

eg If a witness lied, and there is now clear and convincing evidence that he did so, you may be able to sue him.

If the misconduct was by a government actor - eg a cop or the DA - then it's also necessary to prove 'actual malice' in the wrongdoing, which is a VERY high bar to reach.

Richard

Answer 3

emotional distress is hard to prove. You need to show the court you didn't have any mental illness prior to the incident and then you must also show that you had to take medication and seek medication attention and provide proof of that.

Answer 4

She can on bebhalf of the child I am sure, but for herself i'm not sure it could be considered to remote