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false arrest?

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50syzygy

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

County Investigator listens to a accuser who states that a felony took place some 13 years ago. No witnesses and no evidence available, just the word of the accuser.

County Investigator runs to judge an has a warrant signed, and gives the warrant to U S Marshall's Fugitive squad to serve.

The case lays in DA's hands for 8 months before the case is dismissed, in part no evidence, (even for a grand jury) and also in part because the original county investigator was found to have committed perjury, on stand, in another case and is suspended with pay until the State investigator's conduct their investigation of perjury.

Question is, are there grounds for a winnable lawsuit here against county investigator and sheriff's dept. (false arrest, negligence)
I can't see any PC for a felony arrest warrant.

....just askin' :rolleyes:
 


CdwJava

Senior Member
Since none of us can know the details, there is no way to predict whether you prevail or not. You should probably consult an attorney well-versed in government lawsuits - particularly against law enforcement.

Keep in mind that an arrest requires only probable cause, not certainty. To prevail against the investigator you would have to show that he intentionally and knowingly lied. And you would have to show that the sheriff's office was negligent in their supervision or oversight and they should have reasonably known he was rogue. This may not be an easy burden of proof to meet. But, who knows?

Consult an attorney who can review the whole record.
 

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