Legal Question in Civil Rights Law in California
civil
while driving from las vegas to california i was arrested and jailed in california for weapon in vehicle. Before traveling I checked the attorney general web site on how to carry my weapon. Weapon was being carried according to law after many travelws for court dates July 15 was pretrial and officers testified that I had not broken any laws and my weapon was properly carried. Case was dismissed. I have been through pure hell and would like to know if I have a case?
1 Answer from Attorneys
Re: civil
"A case"?
It sounds like you, luckily, got the criminal charges dismissed instead of ending up in prison.
Any attempt to sue the government requires proof that the officers were acting in willful disregard of the law and in excess of their authority. A simple mistake or negligence doesn't count in your favor; they have 'immunity' for that. It doesn't sound like your facts would justify spending the substantial money and time required to pursue such claim. If you could somehow prove through witnesses or other evidence that they 'admitted' to just rousting you for no reason, I'd give you a different opinion.
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