SOL Expires 12/9...Please help with how to file Stop the Clock

[SnostarsBack]

What is the name of your state (only U.S. law)? TN
I reside in NY but my case is in TN. I was arrested for cocaine with intent to sell and meth with intent to sell on Dec 9, 2104. I was down in TN for 3 days, and arrested as a passenger in a vehicle traveling on I40E towards BNA. I have never been arrested for drug/alcohol.

I am due back on court on Dec 10th 2015 fort a motion to suppress, but have been told the prosecutor intends to file to dismiss all charges. I was told I can’t file a civil suit (false arrest, false imprisonment, malicious prosecution) until after the charges have been dismissed.

I just learned last week that the SOL on these civil claims expires 1 yr after the arrest ( 1 day before my next court date). I have called 18 civil attorney’s this week, as I need to file a (I think it is called) a stop the clock motion in order to open my possibility to filings a civil suit against the officers involved and prosecutor by this coming Wednesday 12/9! . Three attorney’s got back to me stating they are not able to take any more cases. At this point I have to do everything I can to create the motion and get it filed on my own immediately. Or so I think. My criminal attorney states The prosecutor will then likely not dismiss the charges, and we will move forward with a motion to suppress on the 10th. I can't find a civil attorney to take care of this, I called at least 18 of them.


My questions:
1. Does the civil SOL on false arrest, false imprisonment and malicious prosecution expire one year after the date of the arrest?

2. What kind of motion do I file? (stop the clock?)

3. Is there any template or forms I can use to write the motion?

4.The troopers involved (THP) work from different counties, and they are not where the arrest was made/prosecutor’s office.

5.Where will I have to file? In the county I was arrested in? Will I have to file more than one motion? Would any of this go to Federal Court?

6.Will I have to name all parties I may sue in civil court?

7.Do I have to notify those parties I am filling to extended the SOL? If so, should I file the prosecutor stop the clock separate? I say this because I have no problem signing away civil action against them in order to dismiss, but the officers involved, I cannot back down from seeking justice for their actions.
8. TN is a far from different world than NY, please help I am open to any/all suggestions on how to proceed.

All advice/suggestions are greatly appreciated

~Old friend of BelizeBreeze (how I miss him)

 

[FlyingRon]

You don't probably have a prayer PERIOD but if you want a prayer at all you will need an attorney. Keep working at finding one.

Note that it is very difficult to win a false arrest case. It's not sufficient to just have the charges were dismissed or even that you were found not guilty but that there was no probable cause or other extraordinary reason why you shouldn't have been arrested.
Tennessee statutes very much diminish what you can actually recover even if you have a valid claim. You need to specifically name a cause of action that relief could possibly be granted. If you file something that no relief is possible under GTLA, the case will be dismissed out of hand.

You were told appropriately that the statute of limitations runs from the time of the alleged unlawful arrest. How long the case has been strung out subsequently is immaterial. I believe you were told wrong (or misunderstood) that you can not file the civil case until your charges are dismissed. You need to file your case and then move to continue it pending the outcome of the criminal case.