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.

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.

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.

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Quoting Mr. Knowitall

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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.

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

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Quoting Augy111

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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.

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Good luck with that.

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Quoting Augy111

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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.

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If you have an attorney, you should be talking to said attorney.

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Quoting Mr. Knowitall

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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.

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. 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.

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Quoting BooRennie

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If you have an attorney, you should be talking to said attorney.

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It's a fantasy.

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Quoting BooRennie

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If you have an attorney, you should be talking to said attorney.

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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.

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Quoting Mr. Knowitall

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It's a fantasy.

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what do you mean by that.

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Quoting Mr. Knowitall

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It's a fantasy.

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I was in the middle of posting the incident how it happens through my eyes and pushed send.

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?

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Quoting Augy111

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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.

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

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Quoting cbg

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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?

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

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Quoting Augy111

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

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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.

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.

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.

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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Quoting jk

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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.

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. Yes I do realize that. Or that is what I have read online. But I do have more.

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Quoting Augy111

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. Yes I do realize that. Or that is what I have read online. But I do have more.

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You had better have a lot more. Nothing you have posted comes anywhere close to there being a valid cause of action.

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Quoting Augy111

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. Yes I do realize that. Or that is what I have read online. But I do have more.

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Lawyers one time fee.

You've recieved responses in the other one so this one should locked, ignored, or
deleted.

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Quoting Augy111

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Lawyers one time fee.

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what is that supposed to mean?

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Quoting jk

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You had better have a lot more. Nothing you have posted comes anywhere close to there being a valid cause of action.

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. 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.

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Quoting jk

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what is that supposed to mean?

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You asked about the lawyer fee. But I didn't see the part about sueing. He charged me a few for the dv case.

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Quoting Dogmatique

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Good luck with that.

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Thank you.

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Quoting Augy111

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. Yes I do realize that. Or that is what I have read online. But I do have more.

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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.

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Quoting jk

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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.

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. Reply tho the girlfreind willing to go to jail. No she has no idea what I'm up to.

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.

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Quoting Augy111

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. Here's 1. There were two deputies there. Only one made the report.

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That'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.

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I later found out from the girlfreind that the one that did not make the report had offered her money for sexual services.

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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!

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She said she didn't do it because he was a cop. She knew him.

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So ... if he had NOT been a cop, she WOULD have done it???

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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.

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Then you make a claim with the department and hope they accept liability. Alternatively, you sue the girlfriend or report her for the theft.

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.

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Quoting Augy111

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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.
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You were a guest in the home. That status can be revoked at any time. If you were told you were no longer wanted there or to leave, you were no longer legally allowed to enter the home.

Your lawsuit is going to go nowhere. You need to move on with your life.

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Quoting Augy111

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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.

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Q4P

It doesn't matter if she knows what you are up to or not. If she is served a subpoena, she can be jailed if she refuses to show up to court. If questioned in court she can be compelled to respond.


You said she locked the door to keep you out. That is your notice you are no longer welcomed. Entering after that is illegal entry/trespass.

I don't know why you think your is this is such an easy case. Everything you have said makes her claims sounds reasonable and yours an excuse.

There's a lonely, lonely bridge out there tonight ...

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Quoting free9man

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You were a guest in the home. That status can be revoked at any time. If you were told you were no longer wanted there or to leave, you were no longer legally allowed to enter the home.

Your lawsuit is going to go nowhere. You need to move on with your life.



Q4P

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Quoting cdwjava

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That'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.


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!


So ... if he had NOT been a cop, she WOULD have done it???


Then you make a claim with the department and hope they accept liability. Alternatively, you sue the girlfriend or report her for the theft.

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.

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Quoting jk

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It doesn't matter if she knows what you are up to or not. If she is served a subpoena, she can be jailed if she refuses to show up to court. If questioned in court she can be compelled to respond.


You said she locked the door to keep you out. That is your notice you are no longer welcomed. Entering after that is illegal entry/trespass.

I don't know why you think your is this is such an easy case. Everything you have said makes her claims sounds reasonable and yours an excuse.

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Thank you all for these replys. These opinions will help me revise and edit my statements. I am truly greatfull.

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Quoting jk

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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.

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Looked up qualified immunity. Says it protects from suit not liability. If a case goes to trial qualified immunity is lost. Correct me if I'm wrong.

So i need to educate myself in qualified immunity. How it works what's the decided favors. And then learn how to blend the statement without sounding like I'm making excuses.

That's backward. The immunity is dismissed if gone to trial. So blending the story is the first step. Make it into a type 3 police report. Or use the same procedures law enforcement to benefit my statement.

Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person's reputation, or to knowingly place blame on someone other than the actual wrongdoer

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Quoting Augy111

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Looked up qualified immunity. Says it protects from suit not liability. If a case goes to trial qualified immunity is lost. Correct me if I'm wrong.

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If a person is protected by qualified immunity, then the person cannot be sued and a court cannot issue a judgment against them. It would never get to trial because to get to trial you have to first sue the person and if you can’t sue because of immunity then its game over. Nothing you can do in that circumstance.

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Quoting Augy111

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Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person's reputation, or to knowingly place blame on someone other than the actual wrongdoer

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An arrest merely requires "probable cause." This is the probable cause to believe that a crime has occurred and that the person arrested committed the crime. This can be a very low bar to reach and can be met solely by the alleged victim's statement. You would have to show that the deputies KNEW you did not commit the offense and, indeed, fabricated the entire affair or went along what they objectively KNEW to be a lie by the victim. Nothing you have written to this point indicates any of this.

So, here's the test. Ask your attorney - or ANY attorney - if they are willing to take the case on contingency. In other words, you will not have to pay them up front because they will expect to be paid from a portion of any settlement they receive. If they are truly confident of the end result, they will act on contingency. If they are NOT all that confident, you will have to pay up front, and this can be many thousands of dollars just to get the ball rolling (for their retainer), and may cost much more if it were to go to trial.

Sometimes, if you're having trouble finding a lawyer that has successfully sued a particular entity or type of entity of the kind of case you think you have, it's because the case itself has no merit.

Something to think about.

Quote:" I have the court taking care of. She's not going to show and it will get dismissed."

Let us know how it all comes out. Make sure you sue on a contingency basis, business is not great in small Tennessee towns.

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Quoting Augy111

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. 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.

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Quoting Augy111

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.
Looked up qualified immunity. Says it protects from suit not liability. If a case goes to trial qualified immunity is lost. Correct me if I'm wrong.

So i need to educate myself in qualified immunity. How it works what's the decided favors. And then learn how to blend the statement without sounding like I'm making excuses.

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Then research the Tennessee Governmental Tort Liability Act (T.C.A. § 29-20-101 et seq.), . You're not going to sue the Sheriff's Dept. They are immune and your lawyer should have told you that. You may be able to sue an individual within the government if you can prove:

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There are exceptions to these areas where immunity is removed. These activities, for which the county is immune under state law, but for which an officer or employee may be liable, include claims arising from:

1.The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;
2.False imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of privacy or civil rights;
3.Issuing, denying, suspending, or revoking, or the failure to refuse to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization;
4.Failing to inspect or negligently inspecting any property;
5.Instituting or prosecuting any judicial or administrative proceeding;
6.Negligent or intentional misrepresentation;
7.Riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances; or
8.Assessing, levying or collecting taxes. T.C.A. § 29-20-205.

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You have 12 months to file a notice or to sue.

Move on. It isn't going to happen with the facts you have posted.

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Quoting comment/ator

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Quote:" I have the court taking care of. She's not going to show and it will get dismissed."

Let us know how it all comes out. Make sure you sue on a contingency basis, business is not great in small Tennessee towns.

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Quoting cdwjava

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An arrest merely requires "probable cause." This is the probable cause to believe that a crime has occurred and that the person arrested committed the crime. This can be a very low bar to reach and can be met solely by the alleged victim's statement. You would have to show that the deputies KNEW you did not commit the offense and, indeed, fabricated the entire affair or went along what they objectively KNEW to be a lie by the victim. Nothing you have written to this point indicates any of this.

So, here's the test. Ask your attorney - or ANY attorney - if they are willing to take the case on contingency. In other words, you will not have to pay them up front because they will expect to be paid from a portion of any settlement they receive. If they are truly confident of the end result, they will act on contingency. If they are NOT all that confident, you will have to pay up front, and this can be many thousands of dollars just to get the ball rolling (for their retainer), and may cost much more if it were to go to trial.

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10-4 on the contingency. That is a really good point. I'll update when/if I find a lawyer or if my lawyer is willing to do that. If not I won't go through with the suit.