Legal Question in Civil Rights Law in Louisiana
false arrest
A little over two years ago-I was arrested at my home and shown an arrest warrant in which I have in my possession. The arrest warrant stated no reason why I was being arrested and the arresting cop did not know either. Come to find out my ex had filed for a court date in family court (he works for the Sheriff's department) and I was never served the court papers letting me know this date, in which records prove. I was just advised that I stood grounds for being falsely arrested. Could someone please advise me of the statues on this type of filing?
2 Answers from Attorneys
Re: false arrest
If you were taken to jail and had to bond out, you very well might have a valid claim. It would be against either your husband, or his lawyer who was in court and asked for the bench warrant to issue.
Re: false arrest
Your first problem is the statute of limitations, which has probably run on your claim barring it forever. I suggest you get to an attorney pronto, who can at least check to see if you're out of luck.
If the court did a reasonable enquiry into the reason for the arrest warrant, you'll have to prove that someone lied to the court to get it. If the papers were never served on you, that should have shown up in the court records and the warrant should never have been issued. However, none of that matters if the statute of limitations has run on your claim.
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