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  1. #1
    Join Date
    Jan 2007
    Posts
    4

    Default Illegal Traffic Stop Lawsuit

    I was charged with dui/resisting without violence.
    Was found guilty,convicted,sentenced.
    Case was reversed on appeal based on illegal traffic stop,I was stopped for no reason in violation of my 4th amendment rights.

    I have lost work,i was beat and tasered 5 times,lost my truck,jail time,court dates,permanant scars from tasers,neck pain.muscle spasms..etc..etc....

    Shouldn't i be compensated for all this???
    Can't find attorney to help,they say "sorry you werent injured enough" HOW MUCH DO I NEED TO BE INJURED???!!!JEEEEEEEEEEEEEEEESH!!

    what should i do?small claims myself or what...Thnx for any help.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Illegal Traffic Stop Lawsuit

    I don't know whether small claims would have jurisdiction over such a matter. Oftentimes these types of cases end up being Section 1983 cases filed in federal court. It may just be a case of finding the right attorney--it is a good idea to look specifically for attorneys who do civil rights litigation. Some may not want to take it on a pure contingency fee basis--if you have some money you can invest on the front end toward the litigation this may make the case more attractive for an attorney to take. Certainly damages in such cases are speculative; if you have some medical bills and out-of-pocket costs as a result of the police misconduct that is a good strating point. Don't give up after calls to a couple of attorneys--sometimes it takes time to find one and you do want one who is interested in the case and willing to invest the time into it that it would take to do it right.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Illegal Traffic Stop Lawsuit

    although your stop may not have been legit, that does not mean the subsequent actions by the officers were neccessarily wrong. If you were actually DUI, it would lend credence to the officers actions. The fact the stop was not legit does not mean the actions that followed were misconduct in and of themselves.

    This may be the underlying reason behind the attorneys hesitation. It would minimize your possibility of an award of damages and may reduce any damages due to your condition.

    I would think, if anything, that a violation of your rights would be your best case since the stop was unjust itself. That violation would be your injury rather than the stun guns etc.

  4. #4
    Join Date
    Jan 2007
    Posts
    4

    Talking Re: Illegal Traffic Stop Lawsuit

    thnx for the responses they were very helpful,the violation of my rights being my injury was what i was thinking too.But it seems any out of pocket expenses arising from the stop should be returned.I hope so.Thnx again

    I also have something else..lol...I was caught driving before i won appeal ---after my license was revoked.
    So now i have a felony habitual traffic charge. Which would have never happen if my rights werent violated in the first place......hope the state will drop the charge now but i dont know.

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