Police and District Attorneys have special protection from being sued. Where can I find information/cases where I can get around that special protection? Lazy cops and a worthless DA need to be sued for not doing their job.Where can I find information on how to sue a state District Attorney? And city cops?It sounds like in your particular case, you don't want to sue the individuals, but the District Attorney's office and the Police Department. Individuals are only liable for their conduct in a public office if they knowingly violate someone's civil rights, and it requires a fairly grevious violation of civil rights. The police had to have reasonably known that they were violating a solidified right. Otherwise, they have qualified immunity.
Edit: I wanted to add that the holders of a particular office are only protected from civil litigation, not from being sued to force them to do something they are obligated to do by law, but you would be suing the department really, not the individuals.Where can I find information on how to sue a state District Attorney? And city cops?Ask an attorney.Where can I find information on how to sue a state District Attorney? And city cops?Suing the District Attorney's office or the Assistant District attorneys will be a waste of time and effort. There is a legal doctrine called absolute prosecutorial immunity, that covers even the most negligent and intentional acts of ADAs. Under this doctrine, as long a prosecutor's alleged conduct is within their prosecutorial function, they are absolutely immune... example... if an ADA in court withholds evidence, lies, or a prosecutor decides not to go forward with a case, etc., you cannot hold them liable for civil damages.
Police also have qualified immunity, that is not as broad, and many cases can be won or settled. It is a reasonable police officer standard. For example, if a reasonable police officer could have believed that a crime was being committed, or had been committed, or was about to occur, then the officer would have probable cause to arrest.
But suing for "not doing their job" well, not sure if there is a claim there... without more facts.
To find more info, I would contact the local ACLU office.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment