Legal Question in Civil Litigation in Nevada
One year ago tomorrow, May 12, 2010, I was arrested on a completely false complaint of felony burglary in NEVADA. The charges were dismissed before trial by the DA, to whom I proved, via my PD, that the complainant was a twice convicted felon, with firearms convictions who still had guns all of which I had formally complained about to two police agencies days before the false police charges were filed against me. I was basically threatened by my own attorney to take the dismissal, shut up and go away or the DA could/would reinstate the charges against me. The damage from this false arrest has been catastrophic. What is the statute of limitations for me to report the felon again for filing a false police report and ALSO FILING A CIVIL SUIT FOR DAMAGES for all of the above, including defamation? I am a former law enforcement officer at county and federal level, and have already reported both police agencies to the state AG for misprision of a felony.
2 Answers from Attorneys
It sounds more like a malicious prosecution civil suit, and maybe defamation than anything else. I believe statute of limitations would be two years. You probably do have grounds for suit. Of course I would need more information to form a complete opinion of the case.
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Mr Otto is correct in that the statute of limitations for most torts in Nevada is two years. See NRS 11.190, et seq. He is also correct in that full and detailed legal analysis will require a more detailed recitation of the facts of your case.
You should be cautioned, however, that exploring the potential defendant's solvency (or lack thereof) with an attorney could help you decide whether or not it is in your best interest to sue him (or her). At the end of the day, a judgment is often worth less than the paper it is drafted on if the defendant turns out to be "judgment proof."
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