Legal Question in Civil Rights Law in Florida

My fiance was accused of several felonies and he was held in jail for around 100 days, can he file a lawsuit against the county for holding him? The charges were dropped, they said nothing of him getting credit for time served because he was wrongfully accused. He lost his job as a result of this and his name was slandered.He is also suffering a slight mental breakdown b/c they made him believe he could go to prison for life for these crimes. Can he sue the State or somebody?


Asked on 9/23/12, 3:15 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

In most cases the answer is no, because if there was probable cause for his arrest then the police will generally be free of liability. However, if he was wrongfully arrested then this could be a violation of his civil rights. The law is covered under the United State's Code 42 USC 1983 (commonly known by lawyers as 1983 actions). You should consult with an attorney in your area that handles 1983 actions to see if you have a case.

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Answered on 9/23/12, 7:58 am


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