ANSWERS: 10
  • You sue everybody involved in your arrest and conviction and you will get a whole heap of cash but it will not give you back your 6 wasted years :o)
  • yes you can its a miscarriage of justice
  • Yes, you can. But you can make even more money by writing a tell all book about your experience.
  • The short answer is "yes", you can. However, it's not quite as easy to have your suit accepted in court. You would have to show gross negligence on the part of the people (police?) who filed affidavit(s) that led to a judge's finding of "probable cause" in your case.
  • Anyone can sue anyone else for anything. The hard part is winning. In this case, you would need to prove wrong-doing or negligence/incompetence, I would think.
  • Generally, no. For all of those who say yes, please cite: 1) what cause of action you are relying on, and 2) how you are getting around sovereign immunity. You can only sue someone if they did something wrongful. On the facts you describe, the police did nothing wrongful. Moreover, it is the prosecutor who put you in jail, not the cops. Can you sue the prosecutor? No, for two reasons: 1) the prosecutor did nothing wrongful, and 2) prosecutors have absolute immunity. Lastly, states have sovereign immunity, which means you can only sue the government if the government gives you permission. There are many statues that give you permission to sue the government, or its agents. However, no states waive immunity for acts that occur through normal government functions.
  • I'd damn well try, and if i couldn't I'd give the bastards a reason to arrest me! (at least the ones who survive)
  • Some states have a state reimbursement for such releases. I believe California has $100 a day for each day served. So, first see if your state has this law. I imagine you have to sign a release and waiver of further legal action to receive it (bars a lawsuit). Chances are, in the case of California, the reimbursement would be greater than you might be awarded in a civil suit.
  • Sure, but good luck with it actually going anywhere. You have to remember that the police have qualified immunity.
  • i think you can

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