Can I sue the Sheriff or his office?

[torreddaytona]

What is the name of your state (only U.S. law)? NC

I applied for a concealed carry permit, which is issued by the county sheriffs in NC. The sheriff did a background check and found that I had a sealed record in AL and refused to issue the permit. The case was sealed and I was told by the Sheriff's office that even though the case was sealed, they used the arrest report to determine that since it was a felony arrest, I was considered a convicted felon under NC law.

I tried to discuss it with the Sheriff's office and they refused to budge. I hired a lawyer and he got them to issue the concealed carry permit.

My question is, can I sue the Sheriff or his office for "failing to do their job". I paid $1500 to have the lawyer handle it. He talked with them and started to file for a day in court when the Sheriff decided to issue the permit.

I feel that the Sheriff played judge and jury when they interpreted Alabama law and damaged me financially.

[SHORTY LONG]

Did you express these things to the Attorney you hired?

If so, what did the Attorney say?

[torreddaytona]

I didn't discuss small claims with the lawyer. I would rather not use a lawyer in small claims because I've heard that it actually makes it harder to win.

[Zigner]

The sheriff's office did their job.

[torreddaytona]

If they had done their job correctly, they would have issued the permit.

Instead, I had to hire a lawyer to take them to court. Once I did this, they did issue the permit.

So, again, back to my original question: Can I sue a sheriff?

I didn't ask if the sheriff did their job or not.

[mommyof4]

If they had done their job correctly, they would have issued the permit.

Instead, I had to hire a lawyer to take them to court. Once I did this, they did issue the permit.

So, again, back to my original question: Can I sue a sheriff?

I didn't ask if the sheriff did their job or not.

Yes, you can sue.

Please note that I adressed ONLY your question. I offer no predictions or opinions on your chances of winning.

[Zigner]

If they had done their job correctly, they would have issued the permit.

Instead, I had to hire a lawyer to take them to court. Once I did this, they did issue the permit.

So, again, back to my original question: Can I sue a sheriff?

I didn't ask if the sheriff did their job or not.

You did ask if the sheriff did their job. You want to sue because they didn't do their job. If you follow the proper procedure, yes you can sue. However, you have no case, so you'll be wasting more of your own money.

[tranquility]

There is no case here at all. Even if there were, it would not be a small claims case, you would have to go to regular court. Also, even if there were compensible harm, you would first need to exaust your administrative remedies even before you ask the government if you can sue them.

Forget it.

[HomeGuru]

If they had done their job correctly, they would have issued the permit.

Instead, I had to hire a lawyer to take them to court. Once I did this, they did issue the permit.

So, again, back to my original question: Can I sue a sheriff?

I didn't ask if the sheriff did their job or not.

**A: yes you can sue but you have no case. So rather than waste your time and money, spend the money on buying some more rounds.

[torreddaytona]

First I want to thank everyone that responded for not shooting this down instantly or simply saying I was crazy for thinking about suing the sheriff.

After a lot of reading on the internet (we know what that get's you) I decided that I would file a lawsuit against the sheriff.

An odd thing happened. I paid to have the court notice served by the sheriff's office to the sheriff. I was never notified that the papers had been served(clerk of court usually mails the plaintiff a notice that the defendant had been served). Since no court date is set until the defendant is served, but a temporary date is set, I decided to show up to make sure the sheriff wasn't pulling a fast one.

Of course, the sheriff's personal lawyer was there to represent the sheriff and quickly made up excuses as to why the courts and I were not notified of the paperwork being served.

The lawyer stated that the sheriff had sovereign immunity and governmental immunity. Obviously I am not a lawyer and did not know how to respond to this. The case was dismissed.

I am back to ask some more questions.

My claims: sheriff cost me $1500 because he failed to do his job and I had no recourse but to hire a lawyer to defend my constitutional rights (not only did he decline my permit, but he put me on the gun purchase list that stops me from being able to purchase a firearm) and the sheriff used his position to do something illegal (refused to issue me a permit, required of him by NC General Statutes). Here's me being an internet lawyer, but would this fall in to "stripping doctrine"?

Do I still not have a case? Should I find a lawyer to appeal this to district court?

Thanks again for the help. I hate to look like a jerk, wanting to sue the sheriff, I know what LEO does for me is worth more than words, but I honestly felt like my rights were violated.

[Zigner]

First I want to thank everyone that responded for not shooting this down instantly or simply saying I was crazy for thinking about suing the sheriff.

After a lot of reading on the internet (we know what that get's you) I decided that I would file a lawsuit against the sheriff.

An odd thing happened. I paid to have the court notice served by the sheriff's office to the sheriff. I was never notified that the papers had been served(clerk of court usually mails the plaintiff a notice that the defendant had been served). Since no court date is set until the defendant is served, but a temporary date is set, I decided to show up to make sure the sheriff wasn't pulling a fast one.

Of course, the sheriff's personal lawyer was there to represent the sheriff and quickly made up excuses as to why the courts and I were not notified of the paperwork being served.

The lawyer stated that the sheriff had sovereign immunity and governmental immunity. Obviously I am not a lawyer and did not know how to respond to this. The case was dismissed.

I am back to ask some more questions.

My claims: sheriff cost me $1500 because he failed to do his job and I had no recourse but to hire a lawyer to defend my constitutional rights (not only did he decline my permit, but he put me on the gun purchase list that stops me from being able to purchase a firearm) and the sheriff used his position to do something illegal (refused to issue me a permit, required of him by NC General Statutes). Here's me being an internet lawyer, but would this fall in to "stripping doctrine"?

Do I still not have a case? Should I find a lawyer to appeal this to district court?

Thanks again for the help. I hate to look like a jerk, wanting to sue the sheriff, I know what LEO does for me is worth more than words, but I honestly felt like my rights were violated.

Ok, so we told you that you have no case. The COURTS told you that you have no case. Sure, hire a lawyer for an appeal. I'm sure you'll find one willing to take your money even though you have no case.

[Some Random Guy]

you could at least try googling for "sovereign immunity" and "governmental immunity" before hiring a lawyer for your appeal. The police cannot be sued for not performing their duties to your satisfaction unless their behavior was quite eggregious.

[Antigone*]

Stripping doctrine???

Does that have anything to do with plaform heels, dollar, bills, and a pole???