Any law enforcement officer who is employed by a department, agency or service that is not fully taxpayer funded. 2007).). Now is your time to come clean right now. Perhaps you or a loved one has been mistreated by the police either during an arrest or while in custody. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The other situations you can sue the police for are trespass, negligence and several other civil wrongs which are somewhat of a grey area so advice is best sought. Anyone who has had a bad experience with the police—even one not resulting in physical injury—has probably wondered whether there is any remedy. On a few occasions, on tv, I have heard officers say something like “I’m a police officer, if you lie to me I can charge you with x or y.†People lie to police officers very often, why is it that I have never seen someone actually get charged with lying to a police officer? While it won’t be easy, a lawsuit against the police department is certainly not impossible. Zaheer A Shah. View Profile View Forum Posts Private Message Junior Member Join Date Sep 2016 Posts 1. How you can sue the police and win. Can I change defense lawyers after I've hired one? In some states, the information on this website may be considered a lawyer referral service. 540 (W.D. If someone lied on a police report, then the prosecutor might choose to prosecute them for a felony or a misdemeanor. PACER: http://PACER.gov Federal Court Forms. Can I sue the police station or officer for the like on the report? Someone alleging that an officer intentionally caused emotional distress must generally show that: Conduct is extreme and outrageous when it goes beyond all possible bounds of decency; it is behavior that society won’t tolerate. A police officer has to have done something wrong for you to sue, not just his job. Answer. However, you can also bring a civil lawsuit if the lies harmed you. 9. causes emotional distress through a negligent act. That evidence can also serve as the basis for an appeal should the court deny any of those requests and the verdict goes against you. You should document any injury. The court may consider whether: In one federal case, for example, a woman offered support to her husband, who was under arrest and being interrogated for the murder of her three-year-old daughter. Conduct that is simply mean, spiteful, or uncaring normally isn’t sufficient. If that Officer is willing to do that great but usually that reflects badly on them if the Officer changes an Official report. Lying to a police officer is a criminal offense in Florida, which can result in penalties including fines and imprisonment. Avvo Rating: 10. I’m not talking about someone lying while giving an official statement or perjury. It is legal for the police to lie to suspects to get a confession from them. For example, in yet another federal case, the plaintiff sued for intentional infliction of emotional distress due to being beaten and pepper-sprayed by police. But certain tactics are grueling and are known to break down even the toughest people. Suing the police for abuse or other violations can be an arduous task because of the time and expense involved and certain legal protections that apply to cops. In other words, the court will consider whether the officer had some kind of special relationship with the plaintiff that’s distinct from the general police responsibility to the public at large. Through their investigation, the Times discovered that in more than 25 instances since 2015, judges or prosecutors concluded that a New York City police officer likely presented false testimony. But before we can address the question of civil fault, we need to look at whether a victim of injuries can sue the police if indeed it ended up being the police officer’s fault. It is both time consuming and expensive. The court rejected the emotional distress claim because there was no evidence of physical symptoms resulting from distress. "Federal question jurisdiction" entitles a person whose federal constitutional rights were violated by persons acting "under the color of state law", to sue under federal law, including in federal court itself, for redress. Retain an attorney as soon as is possible to review your case. If you think your doctor lied to you, get a second opinion. In short, if you give false information related to a misdemeanor crime, you’ll be charged with a misdemeanor; if you give false information related to a felony, you’ll be charged with the same. (Godette v. Stanley, 490 F.Supp.2d 72 (D. Mass. You could tell the police officer while the problem is happening. It is possible and within your rights to sue the police. You would be charged with "Obstructing or Hindering Law Enforcement Officer O.C.G.A. The detective who heard her offer of support yelled at her that her husband killed the child and that the husband never loved her or her daughter. For example, in a Louisiana case, a rape victim sued a sheriff for the emotional distress she suffered when the evidence in her case was mistakenly destroyed before a suspect had been arrested. Therefore, the police officer lied by saying I was injecting/shooting the DMT. Do Not Sell My Personal Information. Not long after just winning a not-guilty verdict and a lawsuit for being beaten and tased at a checkpoint, he is stopped again. Results 1 to 7 of 7 Can You Sue a Police Officer for Lying in Court. And sacked San Francisco lab worker may have tainted more than 800 cases. The police officer will also have a chance to tell the judge their version of what happened. Conduct qualifies as extreme and outrageous when it would cause a reasonable person in a similar circumstance to suffer extreme emotional distress; it must be more than annoying, offensive, or humiliating. I have to pay 272 for something i didnt do. The conduct was sufficiently extreme and outrageous for an intentional-infliction-of-emotional-distress claim. How long after arrest do I find out what the charges are? Unfortunately, current best practices for law enforcement officers often include intentionally lying to or misleading the subject of an investigation in order to access information and evidence. Reveal number tel: (602) 902-1478 . This can also be known as taking legal action, bringing a claim, bringing a civil claim, going to court, starting legal proceedings or litigation. Matt Agorist March 14, 2014. I know for a fact I did not run this stop sign. 1 Cir. Can You Sue a Police Officer? The undercover police system would just completely fail. A police report is an official document that the officer attests to being truthful under penalty of perjury. Read on to find out more, contact us on 08000 124 246, or complete the online form on this page. Answer to that question, as with so many departments, you 're arrested unlawfully, you can sue in! Room at the police, because they are not truthful while under oath can. 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