Legal Question in Civil Rights Law in Illinois

falsly accused & arrested

My divorce decree states that I am to drop off my children for visitation at their father's home at 4:30 & that he return tham at 7:00pm. On one occasion he was running late & tols me to drop the children off at 5:00 instead. I could not due to a part time job that I had with my park district. I offered that he could pick the children up, but he refused stating that he would have me arrested if I did not comply. I was willing to drop them off at 4:30, but I was not willing to jeopardize my job. I was later arrested for visitation interferance. I was proven not guilty, but it was exoensive, embarassing, and unnecessary as anyony reading the document could see that I was willing to comply. Do I have any recourse against the police as they apparently neglected to read the document or just made their own interpretation?


Asked on 7/06/08, 10:21 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: falsly accused & arrested

YOu can sue the police under 42 USC 1983 for a violation of your civil rights under color law. You also have state claims of false arrest, malicious prosecution and unjust imprisonment. You should also sue your ex.

Speak to a lawyer quickly. Many states require a condition precedent to file your state claims and

if you miss the filing deadline you cannot sue. Federal claims under 1983 have no such conditions but still have statutes of limitations.

YOu may have to pay part of the legal fee or even all of it, but if you win you can get fees ordered from the court.

Good luck.

Read more
Answered on 7/06/08, 11:00 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Illinois