Can a Citizen Counter-Sue Prosecuting Attorney in Michigan

[chet1508]

Can a Citizen Counter-Sue Prosecuting Attourney in Michigan for allowing a Revenge arrest by a County Deputy

[jk]

you can attempt to sue for many things but it would not be a counter suit.

curious as to the situation. any details you are willing to tell us?

[chet1508]

Then please explain what counter-sue means.

I though I read somewhere that if some one sues you and you have evidence that you can show they had a ulterior motive to why they sued you in the first place You can ask to the courts to allow you to counter-sue them in the same case. I take it I read it wrong?

[jk]

I take it you are being charged with a crime, yes? In such an action, there is no opportunity to counter sue. If you were to sue the prosecutor, it would be in a separate action. As such, it is not a counter suit. A counter suit is where the suit against you and your suit against the other party would be co-mingled in a common hearing.

You are not being sued in the same manner as you are considering. The action against you is criminal and your action is civil. There are different rules that apply to each type of case and as such cannot be heard at the same time.

so, any details forthcoming?

[aardvarc]

And prosecutors don't "allow" deputies to arrest. Either deputies have their own reasons and probable cause to make arrest and thus do so (the prosecutor doesn't find out about it until the case gets to them AFTER the arrest), or, a warrant is issued by a judge and a deputy enforces the judge's order. Deputies don't work for the prosecutor.

[cdwjava]

If you have proof of a false arrest (i.e. one that is NOT based on probable cause) then you can hire an attorney and sue the deputy and his employer.

If you have evidence of a malicious proseuction (i.e. one that is based upon something other than the law and a prosecution for which the prosecutor knows there is no proof of guilt) then you can hire an attorney and try to sue the prosecutor. But, the prosecutor does not "allow" a deputy to make an arrest, so how he might be liable for the deputy making an arrest escapes me.

If you cannot find an attorney to take either case, then that is a fair indication that you have no good grounds for a claim, or, that the damages are minimal.

- Carl

[chet1508]

This police officer accused me of making false statements to him. When he is the one who made false statement to me, he told me how he always has a recorder with him recording all conversations.

Question #1 -Is there any way I can have my lawyer demand to have access to all the tapes of his recordings. I made a request don't just take my word or my bad neighbors word. Please do some investigation of his own and talk to the surrounding neighbors to find out who has the record of being a trouble maker and have committed several crimes against my neighbors an my family. To find out which party has the long history of lying to all of us & the police on several calls made by my good neighbors and my family.

Then I asked the same question the day he arrested me. He was caught off guard and became real nervous. But, He still told me he had. Well I have affidavits from all my neighbors stating he never talked to any of them, and they explain in great deal how many times with date they all have called the police department with crimes committed against them by these problem neighbors, without a single arrest. They also explained how friendly & honest of a neighbor I have been to the all of them. On the other hand they also explained how dis-honest, mean spirited with all the crimes they have committed against all of us

Question #2 So this police officer is the plaintiff? So I can use my evidence I have against him then. It won't be thrown out?

Question #3 If the PA is not suppose to be there boss over the police. Than why was he allowed to enforce a mandate on their whole department not allowing them to make arrest for a select group of crimes he decided, were low priority to him?

I was polite about it, so out of mutual respect to me they admitted they were upset with this un fair mandate by the PA and wanted to make a arrest. Feeling bad for me having damage done to my family’s property & they were forced to not make a arrest.

[cdwjava]

Question #1 -Is there any way I can have my lawyer demand to have access to all the tapes of his recordings.

Prior to your trial, your attorney can make that request as part of discovery.

As for the neighbors, note that there is no legal requirement for an officer to talk to anyone else. Failure to do so could result in a dismissal of the case - especially if those witnesses come out as witnesses for the defense (you). But, if they have nothing to say about the event in question, then their statements about past issues are likely irrelevant for the immediate purpose of probable cause to make an arrest but may be useful at trial.

Question #2 So this police officer is the plaintiff? So I can use my evidence I have against him then. It won't be thrown out?

No. The officer is the reporting officer. The state is prosecuting you. A plaintiff is in a civil suit. You are apparently being charged with a crime, therefore there is no true plaintiff.

Question #3 If the PA is not suppose to be there boss over the police. Than why was he allowed to enforce a mandate on their whole department not allowing them to make arrest for a select group of crimes he decided, were low priority to him?

I'm not really sure what you mean by this query, but the prosecutor is certainly capable of rendering an opinion to an agency and establishing guidelines for his prosecution of certain offenses. He cannot "enforce" anything, he can only scold them and reject cases that do not meet the criteria he has established. Likewise he can request, or render a legal opinion, that the law requires certain actions of them.

But, in the end, the prosecutor is not in charge of the sheriff's department, the sheriff's department is in charge of the sheriff's department.

- carl

[chet1508]

The bad neighbors yelled over to me the other day laughing & stating they knew I was arrested for a misdearmeanor. The only person that could of told them was this officer. If I could record them stating this again. Could I get the charges dropped then.

[jk]

no. arrests are a matter of public record. If I knew your name and where this was, I could get the same information as what the neighbors taunted you about.

chet, if you believe the PA is not acting in the best interest of the community, contact the states attorney general office.

then, get a video recorder and record your activity while outside.