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  1. #1
    Join Date
    Jul 2012
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    14

    Default Suing a Retired Sheriff for Wrongful Arrest

    My question involves civil rights in the State of: California (Federal Civil Court)

    I was wondering how to name the retired Sheriff who was over seeing the department during the time of a wrongful arrest. I have had a suit going on for approx. 2 years and just found out the Sheriffs changed hands about a month after I was wrongfully arrested. He would be named in the Negligence in hiring and training aspect of the lawsuit pending. This is for an amended complaint I received leave to amend from the judge presiding over the case.

    I have written him in as "formely operating out of" the address of the Sheriff's department. My assumption is that he would be covered under the city's lawyer who is defending the case currently and the city's liability because he was employed by them, but I do have that I am suing him in his "municipal and individual capacity." I have had some lawyer help on this but not full time and I do not have access to one cheaply. I just do not want to run into the problem of incorrectly serving someone named in the complaint and have my case thrown out. Any help?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Suing a Retired Sheriff for Wrongful Arrest

    If you're neck-deep in a civil rights case, have been litigating for two years, and still haven't figured out the proper parties, you need a lot more help than we can offer. Also, your question isn't a simple "How do I amend my complaint" - two years into your litigation and an unknown number of years since the alleged incident, you potentially implicate new claims, new statute of limitations defenses, and a host of other complications, with our having no context, no access to the case file, and no knowledge of the procedural history or status of the case. For a case to have been lingering in federal court for two years, one would have to believe that a judge or magistrate is itching to get it off the docket. Realistically speaking, you should retain the lawyer you have been working with to represent you.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Suing a Retired Sheriff for Wrongful Arrest

    Were you convicted of the crime for which you were arrested?

  4. #4
    Join Date
    Jul 2012
    Posts
    14

    Default Re: Suing a Retired Sheriff for Wrongful Arrest

    Quote Quoting Mr. Knowitall
    View Post
    If you're neck-deep in a civil rights case, have been litigating for two years, and still haven't figured out the proper parties, you need a lot more help than we can offer. Also, your question isn't a simple "How do I amend my complaint" - two years into your litigation and an unknown number of years since the alleged incident, you potentially implicate new claims, new statute of limitations defenses, and a host of other complications, with our having no context, no access to the case file, and no knowledge of the procedural history or status of the case. For a case to have been lingering in federal court for two years, one would have to believe that a judge or magistrate is itching to get it off the docket. Realistically speaking, you should retain the lawyer you have been working with to represent you.
    Magistrate gave me the 40 days to amend as he threw out some of the actions, it sat in limbo with no action from the judge for about a year of that time. As I understand, the timeline has nothing to do with me, and everything to do with too many cases for too few judges. I included "Does" on the case and the main parties involved are all named, I am trying to figure out if this is worth it or the proper procedure. I do not have the finances to retain the attorney long term.

    Quote Quoting adjusterjack
    View Post
    Were you convicted of the crime for which you were arrested?
    No, thrown out before trial by request of the DA.

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