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Take Officer to Small Claims Court

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boatr35

Junior Member
I was arrested for Disorderly Conduct while on my way to Cleveland Browns Stadium. I was carrying a plastic cup of Iced Tea and was ordered by an officer with his finger in my face to "dump it out now!" After about 20 second of back and forth and trying to explain that there was no alcohol in it, and politely asking why I couldn't walk on the street with tea, I was arrested. I was not drunk, abusive, disrespectful, causing a scene, or using fowl language. Even though I wasn't in the stadium, he confiscated my ticket. My friend asked if he could have the ticket, since they were in his name, and the officer refused. I went to court and plead not guilty to the charge, and it was ultimately dismissed without prejudice. My question is, can I sue the officer in small claims court for taking my personal property? This all happened on the sidewalk outside the stadium and I wasn't trying to take the cup inside. If anyone was disorderly, it was the officer. He was rude, abusive, and vindictive. I believe I was arrested and the ticket confiscated out of malice. OhioWhat is the name of your state (only U.S. law)?
 


Roo

Member
Unfortunately, I don't think you have any recourse, except to file a complaint with the police department.
To win in small claims you'll have to show actual damages and even if you could, I suspect qualified immunity may come into play.
 

LeeHarveyBlotto

Senior Member
I agree with everything except the unfortunate part. The OP was trying to pick a fight with the officer and got what he deserved.

He also saved you from having to watch a Browns game. That's worth something.
 

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