Legal Question in Civil Rights Law in Florida

Illegal/Invalid TRO

In a civil lawsuit, what can be the result of a corporation serving and executing an illegal or invalid TRO? Could this result in a Fourth Amendment counter-suit?


Asked on 3/09/02, 8:26 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Illegal/Invalid TRO

At a minimum one would have to show that (1) the TRO was in fact invalid at the time of execution, and (2) that the entity executing it knew of its invalidity.

Be sure to check your facts. Sounds like a heavy burden of proof to me.

If you are correct there could be an action for malicious abuse of process.

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Answered on 3/09/02, 11:21 am


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