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  1. #21
    Join Date
    Jul 2010
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    Default Re: How to Sue for Malicious Arrest

    Quote 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.
    .
    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.

    Quote Quoting Augy111
    View Post
    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.
    Q4P

  2. #22
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Sue for Malicious Arrest

    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.

  3. #23
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: How to Sue for Malicious Arrest

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

  4. #24
    Join Date
    Nov 2016
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    12

    Default Re: How to Sue for Malicious Arrest

    Quote Quoting free9man
    View Post
    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
    Quote Quoting cdwjava
    View Post
    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.
    Quote Quoting jk
    View Post
    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.
    Thank you all for these replys. These opinions will help me revise and edit my statements. I am truly greatfull.

    Quote Quoting jk
    View Post
    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.
    .
    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

  5. #25
    Join Date
    Oct 2014
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    8,238

    Default Re: How to Sue for Malicious Arrest

    Quote 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.
    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.

  6. #26
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: How to Sue for Malicious Arrest

    Quote 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
    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.

  7. #27
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Sue for Malicious Arrest

    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.

  8. #28
    Join Date
    Jan 2015
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    1,142

    Default Re: How to Sue for Malicious Arrest

    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.

  9. #29
    Join Date
    Nov 2013
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    7,056

    Default Re: How to Sue for Malicious Arrest

    Quote Quoting Augy111
    View Post
    .

    . 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.
    Quote Quoting Augy111
    View Post
    .
    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.


    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:

    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.
    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.

  10. #30
    Join Date
    Nov 2016
    Posts
    12

    Default Re: How to Sue for Malicious Arrest

    Quote Quoting comment/ator
    View Post
    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.
    Quote Quoting cdwjava
    View Post
    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.
    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.

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