Wrongfully Arrested...Sue?

[xbigelx]

What is the name of your state? Florida

I had a DUI about 2 years ago. Than couple of moths I had a party and got probation for that. It was where if I finish my commuinty hours and pay fees I get off (early termination). I did. Paper show that. Than my court case was comming up for my DUI and mistakenly the P.O. officer thought I vilated probation b/c he thought that the DUI happend recently and that would have viloted my probabtion. #1 my probabtion was terminated so i was not even on probabiotn, #2 He made a mistake by thinkging I just got the DUI recently and vilated the "Party" probabion I had even though it was supposed to be termianted. SO he was worng in two ways.

i Spend 3 days in jail becuase of his mistake and in court I was relased as soon as I got there when they realized this.

CAN I SUE THEM FOR MISTEKANLY PUTTING ME TO JAIL FOR 3 DAYS, OR IS THAT TOO SHORT OF TIME?

WHAT CAN HTE OUTCOME BE OF THIS? THANKS FOR READING AND ANSWERING IF YOU KNOW THE LEGALL TERMS BEHIND THAT

 

[lwpat]

You have no claim. The legal term is sovereign immunity.

 

[tranquility]

You may have a case, but it is hard to tell from how you presented the facts. Take all your paperwork to an attorney to review. It shouldn't cost you anything to look at things. Let the attorney determine if you have a case or not. Three days is not going to give you the jackpot in damages, but could be compensable to some degree.

 

[tranquility]

You have no claim. The legal term is sovereign immunity.

Almost every entity which can claim sovereign immunity in the United States has some statutory scheme which will allow suit. In this case, I bet Florida has one. Also, we could have a violation of the OP's civil rights and might have a 42 U.S.C. 1983 suit against the parole officer.

The parole officer could have a qualified immunity if he relied on an official data base of some sort. There are many cases giving immunity for officers who arrest for "bad" warrants or who reasonably believe the warrant applied to the suspect. Here, the parole officer may be relying solely on his memory--which was in error.