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Do I have grounds for a civil suit against my local police department?

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willmj96

Junior Member
What is the name of your state (only U.S. law)? NYS

I have proof that a police officer had pulled me over and issued me 3 tickets with retaliatory animus, due to an un-related personal issue. I went to court and was found guilty of one of the three tickets "improper signal". I was fined 140$, and acquired 2 points on my license. I would like to make sure that guy is held accountable for his actions. I understand that an arrestee has a constitutional right to be freed from police action that was motivated by retaliatory animus, even if probable cause existed. Im not sure if I should go after the police department, or the officer. Any questions please ask.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NYS

I have proof that a police officer had pulled me over and issued me 3 tickets with retaliatory animus, due to an un-related personal issue. I went to court and was found guilty of one of the three tickets "improper signal". I was fined 140$, and acquired 2 points on my license. I would like to make sure that guy is held accountable for his actions. I understand that an arrestee has a constitutional right to be freed from police action that was motivated by retaliatory animus, even if probable cause existed. Im not sure if I should go after the police department, or the officer. Any questions please ask.
You were found GUILTY. No, you can't sue :rolleyes:
 

HighwayMan

Super Secret Senior Member
Sounds like a plea bargain was reached and you took it. Is that the case?

Regardless, if you're guilty then you have no basis for a lawsuit.

Just because I personally know and hate you doesn't mean I can't stop you and write you tickets if I observe violations. You're assuming that you have immunity from prosecution if this officer is involved? I hardly think so.
 

willmj96

Junior Member
Re

I did not take a plea bargain. Two of the tickets were correctable equipment violations. I got them signed off on, and dismissed.
 

HighwayMan

Super Secret Senior Member
Okay, so you were adjudicated guilty of the more serious moving violation.

The rest of my last post stands.
 

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