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 ...
Thank you all for these replys. These opinions will help me revise and edit my statements. I am truly greatfull.
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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
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.
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.
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:
You have 12 months to file a notice or to sue.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.
Move on. It isn't going to happen with the facts you have posted.