Legal Question in Legal Ethics in Nebraska

Can The FBI and/or Local Law Enforcement Be Sued?

Can local law enforcement and/or the FBI can be sued by someone for their actions regarding how they handled an investigation into illegal wiretapping and cell phone eavesdropping I reported to them over three years ago?

I became aware when I was arrested in 1999 it was due to illegal eavesdropping on my private cordless telephone calls in my home. The arrest for a felony DUS, and the subsequent legal defense traced the information to a certain police Captain.

But my attorney refused to defend me at the last minut and convinced me to plead guilty the charge despite my wanting to identify the informant and determine not only who, but what else was being used against me by them and their associates. They were hardly law abiding citizens.

After getting nowhere with IAD at my local police department, and completing the probation for the crime, I contacted a United States Senator who, in turn contacted the FBI in Washington, DC, on my behalf. The eavesdropping crimes against me continued throughout my trial, into my probation, and beyond, and included additional stalking, intimidation, etc.

The eavesdropping is illegal under the ECPA and states the crime falls under the FBI's jurisdiction. FBI contacted me and did nothing.


Asked on 10/20/04, 9:31 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Can The FBI and/or Local Law Enforcement Be Sued?

Yes, agents of the FBI can be sued for monetary damages for violating a person's constitutional rights. Now how are you going to prove the wiretaps were illegal and not legal? Can you prove that no magistrate ever signed a search warrant? How would you know if there was a search warrant or not?

To learn more about suing the FBI for monetary damages under a BIVENS ACTION, you should read the following link.

http://www.justice-denied.net/Bivens_Justice.htm

You can write me at http://riskmgmt.biz if you have more questions on constitutional law.

To succeed on your case, you will need a crusading attorney who is motivated by championing constitutional rights and not the potential illegal activity you were conducting when your phones were wiretapped.

Dr. Michael A. S. Guth

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Answered on 10/21/04, 12:16 am


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