Legal Question in Constitutional Law in Illinois

Arrested for refusing to state my birthdate after stating my name and address and the 5th amendment. Cuffed and dragged out of McDonalds, Wallet taken out of my side leg pocket and license taken and placed in squad car. I received an injury (doctors report) sprang elbow. Is there an action for violation of 4th and 5th amendments?


Asked on 7/13/11, 7:17 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. You do have a right to file a lawsuit for false arrest and police brutality. False arrest lawsuits usually can be filed in the state court such as the Circuit Court where the incident occurred. Police brutality lawsuits should be filed in the Federal District Court in the District where you were injured. In police brutality cases the suit should be filed against the offending police officer. Any recovery will usually be paid by the municipality that employs the police officer. Will be happy to discuss this further and in more detail.

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Answered on 7/22/11, 3:43 am


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