False arrest ( 4th Amendment)

[Tenkeys]

What is the name of your state? Maryland , While my son and I were out my wife and a lady from down the street had a verbal disagreement that turned into a fight. My neighbor call me and when I returned home the fight was over and the police put up right behind me. My neighbor across the street had seen the fight and called the police. I walked up to the officer and he ask me if I lived there and what was going on. I told him I did live there and who I was and that I just got home and didn't know what was going on. That my neighbor had called me and told me to come home right away that my wife had been injured. The officer then talked to my wife who told him she had gotten into a fight with this other lady. He talked to the other lady who also stated she had been in a fight with my wife. Now I have no idea why but the Captin that arrived a few minutes later didn't beleave that the girls had been fighting I guess because of how bad the brusing was to my wifes face and placed me under arrest for 2nd dagree assult. Everyone there told them I wasn't there, even my neighbor across the street tried to tell them they were aressting the wrong person and they told him unless he wanted to go with me he better go back across the street and shout up. The court date is a couple weeks away and I have heard the tape of my neighbors wife calling 911 and she even states to the 911 operator that my wife wanted her to call 911 and that her husband is not home. The police didn't take statements from anybody there and the ones who tried to give a statement they theaten to arrest. Now everyone involved going to testify that I wasn't there even the lady who was in the fight with my wife. I have a witness thats going to testify to where I was when I got the call to come home from my nieghbor three miles away. When I am found NOT GUILTY can I sue the police officer or the county police dept for false arrest ????

[The Occultist]

You can sue anybody for any reason at all. Whether or not you win is not something anybody here can predict, so you can talk to a local attorney and see if they're willing to take your case, and then see if you actually win at trial. Good luck.

[tranquility]

From the description, you have a good case. See an attorney immediately for the criminal issue and ask him where things are after seeing the police report. Remember you need to ask the government if you can sue them(file a claim) before the tort SOL so start doing things now.

[BelizeBreeze]

Originally Posted by tranquility

From the description, you have a good case. See an attorney immediately for the criminal issue and ask him where things are after seeing the police report. Remember you need to ask the government if you can sue them(file a claim) before the tort SOL so start doing things now.

That's why he should sue the captain civilly