Legal Question in Civil Litigation in Florida

hello my name is andrew, i reside in broward county florida. in december 0f 2009 i was arrested by local police. i had to pay an attorney $5000 for the case. the case was dropped and no formal charges were filed by the county/state. i would like to know if i can put a claim against the police dept/city for my damages of the $5000 it cost me to clear my name. i also have a similar situation in 2007 where i spent $3500 and the case was not filed and no formal charges were presented.the case in 2007 was the same police/city. i feel i am owed this money. i hope there isnt a time limit that has past.

thank you in advance,

andrew


Asked on 7/26/10, 10:15 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

In most cases the police and prosecutors offices are immune from being sued for these kinds of issues. In some cases there is an abuse by the police department or prosecutor's office and a person can recover damages. However, these are extremely limited circumstances and are difficult to prove. You defense attorney would likely be able to advise you better in this regard.

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Answered on 7/27/10, 4:34 am
Angelo Marino Angelo Marino Jr. PA

This may be a violation of Federal Statutes 1983. See an attorney who does civil rights litigation. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 7/29/10, 7:56 am


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