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How to Sue for Malicious Arrest

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  • 11-23-2016, 05:42 PM
    Augy111
    How to Sue for Malicious Arrest
    My question involves criminal law for the state of: Tennessee. I was arrested in August of 2016 for Domestic Violance Without injury. I was not guilty and the police report is unorganized with what happend with false info included into it. I have the court taking care of. She's not going to show and it will get dismissed. My question is not can you sue but how to do it successfully. I need at least $25000 for it to compensate the time took of work and Travel expenses to get there, lawyer, ect. That's not exaggerating. That's being fair. I had to change my life completely just to be able to make it to court. I drove a semi for a company as a trainer. That $70000 a year on the low end. When I realized what was about to go in with court every month(postponing dates). I resigned from my position as a company driver and baught my own truck. I knew I wouldn't be able to go to court that much on the exact dates with a company. I'm 25 with no kids and no bills outside of buisness expenses. That emotional trauma of being wrongfully arrested only lasted a month. I will do what ever it takes to get sue them. And take it as far as I need to take it.
  • 11-23-2016, 06:19 PM
    Mr. Knowitall
    Re: How to Sue for Malicious Arrest
    Does the alleged victim know that you plan to sue her if she does not appear in court and, as a result, your charges are dismissed? I suspect that if she did, she would reconsider that plan.
  • 11-23-2016, 06:21 PM
    Augy111
    Re: How to Sue for Malicious Arrest
    I was invited by my girlfreind at the time to come to Tennessee and spend my birthday with her over the weekend. Saturday 8/6/16 at 8:30 pm: a dispute between girlfreind and mom broke out. That's when I began planning my leave. Stopped drinking. (Total of 8 all day.) Need to wait ten ours from last sip for all achihol to leave bloodstream.

    Quote:

    Quoting Mr. Knowitall
    View Post
    Does the alleged victim know that you plan to sue her if she does not appear in court and, as a result, your charges are dismissed? I suspect that if she did, she would reconsider that plan.

    . Not sueing her. Sueing sherif department. Got a lawyer willing to do it after this case is clear.
  • 11-23-2016, 06:24 PM
    Dogmatique
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting Augy111
    View Post
    I was invited by my girlfreind at the time to come to Tennessee and spend my birthday with her over the weekend. Saturday 8/6/16 at 8:30 pm: a dispute between girlfreind and mom broke out. That's when I began planning my leave. Stopped drinking. (Total of 8 all day.) Need to wait ten ours from last sip for all achihol to leave bloodstream.

    . Not sueing her. Sueing sherif department. Got a lawyer willing to do it after this case is clear.

    Good luck with that.
  • 11-23-2016, 06:24 PM
    BooRennie
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting Augy111
    View Post
    I was invited by my girlfreind at the time to come to Tennessee and spend my birthday with her over the weekend. Saturday 8/6/16 at 8:30 pm: a dispute between girlfreind and mom broke out. That's when I began planning my leave. Stopped drinking. (Total of 8 all day.) Need to wait ten ours from last sip for all achihol to leave bloodstream.

    . Not sueing her. Sueing sherif department. Got a lawyer willing to do it after this case is clear.

    If you have an attorney, you should be talking to said attorney.
  • 11-23-2016, 06:26 PM
    Augy111
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting Mr. Knowitall
    View Post
    Does the alleged victim know that you plan to sue her if she does not appear in court and, as a result, your charges are dismissed? I suspect that if she did, she would reconsider that plan.

    . She has no job. So sueing her would be useless. She did file a false police report and I have text messages were she admitted to doing so. She also has a criminal record including: impersonating her sister when getting aressted, simple possession, domestic assault. Theft. She does not want to go to court with me. When I was incarcerated she stole my wallet out of my truck(that the police unlocked befor we left to jail.). Have text of her giving excuses of why she took my debit card.
  • 11-23-2016, 06:28 PM
    Mr. Knowitall
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting BooRennie
    View Post
    If you have an attorney, you should be talking to said attorney.

    It's a fantasy.
  • 11-23-2016, 06:34 PM
    Augy111
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting BooRennie
    View Post
    If you have an attorney, you should be talking to said attorney.

    Well I'm not sure if I want to hire this guy yet. To do this part. Im really trying to find one who has successfully sued a sheriffs department or police department and that's hard to find. Or I'm just looking in the wrong places. Not saying this guy isn't good. i gave him an easy case to win. And after going to court and seeing how this judge treated other domestic assault cases it's a no brainer. Just paid a thousand for a stand in.

    Quote:

    Quoting Mr. Knowitall
    View Post
    It's a fantasy.

    what do you mean by that.

    Quote:

    Quoting Mr. Knowitall
    View Post
    It's a fantasy.

    I was in the middle of posting the incident how it happens through my eyes and pushed send.
  • 11-23-2016, 06:45 PM
    cbg
    Re: How to Sue for Malicious Arrest
    If you're having a hard time finding an attorney who has successfully sued a sheriff's or police department, what does that say to you?
  • 11-23-2016, 07:06 PM
    Augy111
    Re: How to Sue for Malicious Arrest
    Quote:

    Quoting Augy111
    View Post
    I was invited by my girlfreind at the time to come to Tennessee and spend my birthday with her over the weekend. Saturday 8/6/16 at 8:30 pm: a dispute between girlfreind and mom broke out. That's when I began planning my leave. Stopped drinking. (Total of 8 all day.) Need to wait ten ours from last sip for all alcohol to leave bloodstream. At 11:00 pm the girlfreind decided to drive with her kids(1yo and 2 yo). To find her mother who she claimed stole her phone. These kids had no car seat and as she was leaving she slammed on her brakes throwing the baby in the floor of the car. I took the key from her. She was drunk and angry. She the called the police. They arrived at 12:15 am 8/7/16. They said I did the right thing and if she tried to leave do it again. She's was now angry at me. Treating the law as a toy in my eyes. Thes guys have better things to do than go on calls like this. She locked me out of the house with my wallet and phone still inside. I tried to pay her brother 200 to go in and get them. She was going to try to use my card to pay her car payment. He fails to do so. So when his freind agreed and also fail I walked to the door knocked said I'm coming in to retrieve my wallet and proceeded to turn the door nob and open. As I'm walking in she runs the from the back of the trailer and starts punching me in the eye. i asked her to please quit punching me. I told her it hurts I'm just trying to get my wallet. I tried my best to avoid even touching her. Backing up towards the hat my wallet was under I grabbed them both. She then bit me on my arm to get me to release it. I did not let her have it. I proceeded to exit the house and was hit in the head with a broom. Hurt like hell. Had wiipps all over my back. Finally got out to go to my truck and sleep till 6:30am. Was woken up at 4:00am buy two sheriffs. They were polite and Proceeded to get information. In the end they chose her side. Wich was: broke in house, tore door frame up. Said she bit and punched me to get me off her. Ran next door to call cops after she got away from me.
    . Not sueing her. Sueing sherif department. Got a lawyer willing to do it after this case is clear.

    . ...................

    Quote:

    Quoting cbg
    View Post
    If you're having a hard time finding an attorney who has successfully sued a sheriff's or police department, what does that say to you?

    . That it's hard. But it has been done.

    Quote:

    Quoting Augy111
    View Post
    . ...................

    . That it's hard. But it has been done.

    This lawyer is willing to do it so he must see something in it. That's what this is tho. Research. Thank you for your reply.

    I'm not saying these diputies are bad. Not at all. I respect them. And they were polite. As was I. These guys are just doing there jobs I know this. But it cost me money when they make mistakes like this. A lot of money.

    I had to change my life entirely to fit this in my schedule. That's a big move I Had to make.
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