So you illegally entered the home and you think you have a viable
defense?
is your attorney charging you an hourly fee (to sue whomever after you are exonerated)?
is Your girlfriend willing to go to jail herself? If she is issued a summons and refuses to testify she can go to jail.
what are you suing for? You say the sheriff at one point but you do
realize the police don't determine if you are prosecuted? The police turn their reports into the prosecuting attorney who files charges. There has to be much more that you were charged and found not guilty to have s valid suit against the police or the prosecutor. You do realize that prosecutors have absolute immunity in most situations and the police have qualified immunity where succcessfully suing them requires much more than what you have listed here.
How to Sue for Malicious Arrest
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11-23-2016, 07:31 PMjkRe: How to Sue for Malicious Arrest
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11-23-2016, 07:33 PMAugy111How to Successfully Sue Sheriffs Department for Malicious Aresst
My question involves civil rights in the State of: Tennessee 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. 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 tried to 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. I know it will be hard. Any advice is greatly appreciated. Thank you. -
11-23-2016, 07:35 PMAugy111Re: How to Successfully Sue Sheriffs Department for Malicious Aresst
I'm a big guy. 230 big frame. Probly had something to do with choosing me to be the assaulter. She is very small but those punches kinda hurt. I did take them and kept my composer.
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11-23-2016, 07:43 PMAugy111Re: How to Sue for Malicious Arrest. Yes I do realize that. Or that is what I have read online. But I do have more.Quote:
Quoting jk
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11-23-2016, 07:44 PMjkRe: How to Sue for Malicious ArrestYou had better have a lot more. Nothing you have posted comes anywhere close to there being a valid cause of action.Quote:
Quoting Augy111
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11-23-2016, 07:44 PMAugy111Re: How to Sue for Malicious ArrestLawyers one time fee.Quote:
Quoting Augy111
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11-23-2016, 07:46 PMjkRe: How to Successfully Sue Sheriffs Department for Malicious Aresst
You've recieved responses in the other one so this one should locked, ignored, or
deleted. -
11-23-2016, 07:47 PMjkRe: How to Sue for Malicious Arrestwhat is that supposed to mean?Quote:
Quoting Augy111
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11-23-2016, 07:53 PMAugy111Re: How to Sue for Malicious Arrest. Here's 1. There were two deputies there. Only one made the report. And the one that was there for witness or backup. I later found out from the girlfreind that the one that did not make the report had offered her money for sexual services. Earlier on that year. She said she didn't do it because he was a cop. She knew him. His name is know we're on the report. I'm thinking that's why. 2. Before getting in the cop car the arresting deputy searched my pocket. I had a phone, charger and keys. He took my keys pointed at the truck and unlocked it. That's how my wallet was stolen by her.Quote:
Quoting jk
You asked about the lawyer fee. But I didn't see the part about sueing. He charged me a few for the dv case.Quote:
Quoting jk
Thank you.Quote:
Quoting Dogmatique
And no I didn't illegally enter. I was invited to stay there by her over the weeken for my birthday. It was her moms house. And she was just visiting for the weekend as well.Quote:
Quoting Augy111
. Reply tho the girlfreind willing to go to jail. No she has no idea what I'm up to.Quote:
Quoting jk
All text messages to this girl at saved going before the day of incident. All info was asked throughly text messages. Including about cops. Her saying she lied to them. And I have a computer on my truck saying we're in at all year. So there won't be a problem with them saying I took the phone and fabricated stories myself. -
11-23-2016, 08:13 PMcdwjavaRe: How to Sue for Malicious ArrestThat's how it works. ONE officer writes the report, not both of them. Some time the second officer may make a supplemental report, but that's usually if he does something noteworthy such as finding some specific item of evidence.Quote:
Quoting Augy111
Uh huh ... and, she can prove that one, how? More importantly, if you are going to raise that specter in court, how are YOU going to prove this? That is the kind of allegation that can get YOU sued!Quote:
I later found out from the girlfreind that the one that did not make the report had offered her money for sexual services.
So ... if he had NOT been a cop, she WOULD have done it???Quote:
She said she didn't do it because he was a cop. She knew him.
Then you make a claim with the department and hope they accept liability. Alternatively, you sue the girlfriend or report her for the theft.Quote:
2. Before getting in the cop car the arresting deputy searched my pocket. I had a phone, charger and keys. He took my keys pointed at the truck and unlocked it. That's how my wallet was stolen by her.
So, what are you actually suing the Sheriff's Department for?
Also, understand that if your "girlfriend" is issued a subpoena and does not show for court, SHE can be arrested and prosecuted. Also, if SHE is your key witness, it sounds as if she has sufficient character flaws to drive a truck through so her veracity may be in serious question, and her ability to assist you in any lawsuit might be minimal to non-existent.