Legal Question in Civil Rights Law in California

I recently had a case dismissed because of an illegal search made by the arresting officer. I also had to spend 12 hours in jail until I was bailed out. My car was towed and impounded also. Was my detainment illegal as well?? How can I get my money back. This ordeal has cost me alot financially, not to mention the impact on me personally. Can I sue the officer that did this??


Asked on 1/26/10, 9:17 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes, if you didn't miss the (very short) statute of limitations. Congratulations to your lawyer for achieving the good result. Try and get a Declaration of Factual Innocence if you can.

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Answered on 1/31/10, 9:33 pm
Terry A. Nelson Nelson & Lawless

The only way you'll recover anything is to sue and win on a claim of 'police abuse' or related rights violations. To win requires you prove to a legal standard that the officer intentionally violated your rights, not that he was negligent or made a wrong judgment. Officers and agencies are 'immune' from liability for mistakes and negligence.

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Answered on 2/01/10, 12:12 pm


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