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Can You Sue the Police For Arresting You Based on a Report Later Found Insufficient

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  • 02-06-2013, 04:24 PM
    prescottpimpin@yahoo.com
    Can You Sue the Police For Arresting You Based on a Report Later Found Insufficient
    My question involves police conduct in the State of: Arizona

    My mildly disabled sister went to a neighbors house and the neighbors were concerned of the bruising she had on her legs. The neighbors called the Police and when the 2 Detectives that arrived they asked my sister told them that her brother hit her with objects, lit fire crackers on her, burned her with cigarettes and hog tied her hand and feet behind her along with other allegations. The 2 Detectives then came to my our house and asked my wife and I some questions and let us know what was being said. My wife told then that she thought it was a cry for help because just 4 months prior to this happening my sister came to her and asked her to say her mom was beating her so she can get her SSI benefits out of her moms name and into her name so she can move in with another disabled friend. Of course my wife said no she wouldn't do that especially cause it isn't true. The detectives and us got together and found ways for my sister to get out of the house more volunteer work and community Services...ect to hopefully get her out of the mind frame she was in. 4 months went by and the detectives called us saying they just needed to ask us a few more questions and they were going to close the case. Next thing we knew our daughter was missing from school when we went to pick her up CPS had her and 2 different detectives were on the case and they were at my house arresting me saying that they interviewed my daughter and that she was coached to say this and that but CPS was there to witness the questioning and said that our daughter was very calm and said none of these things were going on but yet the detectives didn't think so they said from the information they received from my 4 year old daughter hey were charging him with 3 class 2 felony child abuse charges against my sister and 1 felony kidnap(for the tying up i guess) Anyway I spent 4 days in jail my wife had to miss 1 day of work which caused her to lose $2 an hour she bailed me out with the $1000 we had for christmas. She bailed me out and the next day we received a call from the courts saying that when i went to see the judge the following day that all charges were being dropped for further investigation and that there wasn't enough evidence to detain me and that bail was being exonerated. We didn't receive a penny back from the bail out my wife lost her job because the detectives were calling her work telling her boss about her husband and her company didn't want anything to do with it. So they terminated my wife. 2 months later we just received a call from the courts saying no further investigation is being taken place and charges are now dismissed by judge. Now my wife and i sit here jobless and in debt now all because of me being falsley accused and arrested please tell me there is something i can do?
  • 02-06-2013, 05:09 PM
    AZDeputyClerk
    Re: Do I Have a Lawsuit Against My State
    Unless you can prove misconduct on the part of the police officers and CPS-no. What exactly are you saying they did improperly?
  • 06-25-2013, 12:14 PM
    wv123
    Re: Can You Sue the Police For Arresting You Based on a Report Later Found Insufficie
    Since the case was dismissed, that indicates they figured out they were wrong. You have to get all the documents you can from them to show what you were accused of. Then look at them, and see if there is a very obvious problem you can sue them for, but maybe there isn't one. If they had a reasonable doubt you might have done something then they have to investigate. But maybe after their investigation, they figured you were innocent, or they didn't find enough evidence to suggest you were wrong. When cops investigate, they will say anything to get you to talk with them. You said "The detectives and us got together and found ways for my sister to get out of the house more volunteer work and community Services...ect to hopefully get her out of the mind frame she was in." They may have been just getting information. Maybe they told you someone else said something bad about you, also to get you angry and make you explain "your side of the story" just to get more info (they really don't give a damn about your side, obviously). Maybe that information corroborated other information they had, then they proceeded with the arrest etc. Then they got more info that cleared you. Sorry dude that is just how they investigate stuff. They had 'probable cause' to investigate, it sounds like they did make some effort to investigate, talking to you several times. But ultimately they figured either you didn't do it, or not enough evidence. So even though it was a big mess for you, it is quite possible they were not completely unreasonable.
  • 06-25-2013, 12:31 PM
    llworking
    Re: Can You Sue the Police For Arresting You Based on a Report Later Found Insufficie
    Quote:

    Quoting wv123
    View Post
    Since the case was dismissed, that indicates they figured out they were wrong. You have to get all the documents you can from them to show what you were accused of. Then look at them, and see if there is a very obvious problem you can sue them for, but maybe there isn't one. If they had a reasonable doubt you might have done something then they have to investigate. But maybe after their investigation, they figured you were innocent, or they didn't find enough evidence to suggest you were wrong. When cops investigate, they will say anything to get you to talk with them. You said "The detectives and us got together and found ways for my sister to get out of the house more volunteer work and community Services...ect to hopefully get her out of the mind frame she was in." They may have been just getting information. Maybe they told you someone else said something bad about you, also to get you angry and make you explain "your side of the story" just to get more info (they really don't give a damn about your side, obviously). Maybe that information corroborated other information they had, then they proceeded with the arrest etc. Then they got more info that cleared you. Sorry dude that is just how they investigate stuff. They had 'probable cause' to investigate, it sounds like they did make some effort to investigate, talking to you several times. But ultimately they figured either you didn't do it, or not enough evidence. So even though it was a big mess for you, it is quite possible they were not completely unreasonable.

    What bugs me is the detectives calling the wife's work and talking to her boss about the whole thing. They had to know that they risked negatively impacting her job. That seems spiteful to me. She wasn't being arrested or charged with a crime.
  • 06-25-2013, 12:53 PM
    cbg
    Re: Can You Sue the Police For Arresting You Based on a Report Later Found Insufficie
    You all saw that this was from back in February, right?
  • 06-25-2013, 01:29 PM
    llworking
    Re: Can You Sue the Police For Arresting You Based on a Report Later Found Insufficie
    Quote:

    Quoting cbg
    View Post
    You all saw that this was from back in February, right?

    Oh heck...I hate it when that happens!
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