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  1. #1
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    Mar 2016
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    Default Can You Sue Somebody Over a Dismissed Murder Charge

    My question involves civil rights in the State of: Kentucky I was accused,of murder. They came to my job and arrested me. I did many months in jail and my name/reputation was slander all over, every local and distance paper even appearing on t.v. after they caught and sentenced the right man I still could not get my life back right. my job and no other job would hire me. I tried calling lawyers about the case and everyone knew of the case and would not help me to Sue. Years have passed and just as I was about to get the best job they would not hire me because of a murder charge even though it was dismissed still sits on my record. hearing that For the first time has broke me all the way down and now I'm in a state of depression. I moved far away, and it's been years but yet it feels like just last month I was sitting in that cell far away from my family for a crime I new nothing about. My lawyer told me to get a lawyer that handles cases of that nature but it would be hard cause allot of then would not want to challenge the state, or city. I just want to know since then I have not picked up the peices of my life yet I lost my house, job, money and respect/reputation. After my arrest all the arresting officers either resigned, or was fired. Who can I if I can Sue. I just want my life back

  2. #2
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    Sep 2010
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    Default Re: Can I Still Sue for My Life Back

    There's no shortage of lawyers who want to challenge the state. Just because you were accused of something you didn't do doesn't mean you have any actionable case no matter how profound the impact on your life is. You have to show that the police action was extreme and outrageous with either reckless disregard or specific intent to harm you. It's not enough that they were just wrong.

    You can't sue the papers for reporting the apparent facts, provided they didn't do it recklessly or with specific malice.


    You might have been able to get the record expunged, but it appears you've waited too long.

  3. #3
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    Mar 2013
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    Default Re: Can You Sue Somebody Over a Dismissed Murder Charge

    You may still be able to get the record expunged.

    The following web page explains the certificate process:

    http://courts.ky.gov/Expungement/Pages/default.aspx

    The following page has additional information and has live links to the statutes at the bottom of the page:

    http://courts.ky.gov/Expungement/Pages/faqs.aspx

    I have not been able to find a petition form online so you might want to contact an attorney in KY who handles such matters.

  4. #4
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    Oct 2014
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    Default Re: Can You Sue Somebody Over a Dismissed Murder Charge

    Quote Quoting karl55
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    Years have passed and just as I was about to get the best job they would not hire me because of a murder charge even though it was dismissed still sits on my record.
    Exactly how long has it been since you were arrested and charged with the murder? This is a critical piece of information because there is a time limit you have in which to sue, known as a statute of limitation (SOL). If you are past the time allowed to sue by the applicable SOL then you cannot successfully sue the police or the prosecutors even if you otherwise would have a good case to sue them. Note that there cannot be a case of defamation against the government for properly reporting that you had been charged with murder and that the charges were subsequently dismissed because those facts are true. Defamation requires the communication of a false statement of fact to another.

    Quote Quoting flyingron
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    Just because you were accused of something you didn't do doesn't mean you have any actionable case no matter how profound the impact on your life is. You have to show that the police action was extreme and outrageous with either reckless disregard or specific intent to harm you. It's not enough that they were just wrong.
    While it is true that it is not enough to show that the state arrested and charged the wrong guy, the standard that applies here is not extreme/outrageous action or reckless disregard (which perhaps might be what is required under state law for a malicioius prosecution case) but rather whether there was a civil rights violation, e.g. false arrest (an arrest without probable cause). A federal civil rights case does not require proving any kind of outrageous or reckless behavior. It requires proving the police and prosecutor failed to meet the minimum requirements that the Constitution and law requires for an arrest and prosecution.

    Quote Quoting flyingron
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    You can't sue the papers for reporting the apparent facts, provided they didn't do it recklessly or with specific malice.
    The Supreme Court has held that actual malice or reckless disregard is required when the defamation involves a public figure. That standard does not apply when the person defamed is not a public figure, and most states do not require proving actual malice to establish a defamation claim. But the newspapers cannot be successfully sued for reporting true information about the arrest and prosecution.

  5. #5
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    Mar 2016
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    Default Re: Can You Sue Somebody Over a Dismissed Murder Charge

    2002 I got arrested. Was locked up for 8 months, the case ended in 2006 with the right person arrested. Not only did I have 8 witness state that I was at there house in the country all night. The police just so happened to be at the door the next morning for a different reason before they new about a murder I was in jail, for nine hours. The discovered the body the next day. I was like not only was I in jail all day I was in the country all night and the officers seen and know my witnesses. In my discovery it was blank. I was arrested on he say she say. And it was a,sealed indictment.

  6. #6
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    Default Re: Can You Sue Somebody Over a Dismissed Murder Charge

    Quote Quoting karl55
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    2002 I got arrested. Was locked up for 8 months, the case ended in 2006 with the right person arrested. Not only did I have 8 witness state that I was at there house in the country all night. The police just so happened to be at the door the next morning for a different reason before they new about a murder I was in jail, for nine hours. The discovered the body the next day. I was like not only was I in jail all day I was in the country all night and the officers seen and know my witnesses. In my discovery it was blank. I was arrested on he say she say. And it was a,sealed indictment.
    I believe you're going to find that you're long past the time during which you could have sued.

  7. #7
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    Default Re: Can You Sue Somebody Over a Dismissed Murder Charge

    Quote Quoting karl55
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    2002 I got arrested. Was locked up for 8 months, the case ended in 2006 with the right person arrested.
    It appears you have waited much too long to do anything about this. A federal civil rights claim under 42 U.S.C. § 1983 has no statute of limitations (SOL) set in federal law and thus the Supreme Court has held that the SOL which applies is the limitations for personal injury claims in the state where the civil rights violation occurred. If there is more than one SOL in the state for personal injury then the state’s residual SOL law applies. Kentucky has a one year statute of limitation for personal injury claims other than personal injuries arising from certain home building claims. Kentucky’s residual SOL period is five years. The time starts to run when the civil rights violation occurs and it appears that Kentucky does not apply a discovery rule to personal injury claims. The very latest that the civil rights claim might have accrued would have been in 2006 when they arrested the right person and dropped the case against you. The one year SOL for personal injury probably applies, but even if the residual provision applies you are well past the five years for that now.

    Likewise, any state claims you had are also likely well past the SOL. Kentucky has a one year SOL for malicious prosecution claims and, as noted, for personal injury claims.

    Many civil litigation lawyers will give free initial consultations. So you might want to meet with an attorney who handles civil rights claims and confirm whether you have anything you can do at this point. Unfortunately, though, I suspect the lawyer will tell you that you are simply much too late to sue now even if you might have had a good claim to bring.

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