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False Imprisonment

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seedsoflove

Junior Member
What is the name of your state? Oregon... If a person is incarcerated for murder, spent 9 months in jail awaiting trial, allowed no bail and found not guilty by a jury of his peers, can he file a civil suit against the state for unlawful imprisonment? :confused:
 


racer72

Senior Member
Probable cause is all that is required to hold a person in jail. The court had the legal right to hold the person in jail, especially on murder charges. They have no claim. Remember, he was found not guilty, not innocent. Huge difference.
 

seedsoflove

Junior Member
He was innocent

Do you think that it could be possible that he was arrested, found not guilty and left open to ponder his innocence or guilt to protect a state agency, namely DHS, because they returned the child to the custody of the mother against my pleadings for them not to do so?
 

seniorjudge

Senior Member
seedsoflove said:
Do you think that it could be possible that he was arrested, found not guilty and left open to ponder his innocence or guilt to protect a state agency, namely DHS, because they returned the child to the custody of the mother against my pleadings for them not to do so?
Rephrase your question.
 

seedsoflove

Junior Member
He was innocent.

Maybe if I give some history, it can help to understand my question. DHS presented custody of my 15 month old grandchild to his mother in October 2004 after he had been in foster care since his birth because she had used crystal meth throughout her pregnancy and delivered twins at 26 weeks. Someone had to pay for his death and my son was charged. If the mother had been charged, then DHS could be held responsible for placing him in a dangerous environment. With my son being found not guilty and no further charges being brought against the mother, could his arrest have been made to throw the guilt elsewhere and protect DHS' reputation as well as protect DHS so they could not be sued for my grandson's death?
 

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