Legal Question in Civil Litigation in Texas

wrongly arrested after warrant was vacated

A sherrifs deputy came to my home on the main highway of my very small town and arrested me on a warrant that had already been vacated 3 months before. I informed the officer I had the paperwork in my car but she would not let me go and get it. She handcuffed me and drove to the county jail where I was placed in a cell for over an hour. I was never read my rights or even spoken too during the entire time. I am a mother of 3, coach soccer, etc and live in a small town of about 2000 people and everyone now has heard of my arrest and I am completely humiliated and embarrassed to go anywhere. If she had just let me get the paperwork this would never have been such a big deal. The warrant was for hot checks which I am currently making payments to the county clerk for. Is there any legal recourse so that one it can be public record that the sherrifs office is incompetent and two that I am compensated for the humiliation I suffered being arrested on my front lawn in front of the whole town, literally. I live on the main highway and everyone from my daughters pre school teacher to the local restaurant owner where I sometimes eat breakfast knew about it.


Asked on 4/02/08, 8:02 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: wrongly arrested after warrant was vacated

Sorry, sheriff's deputies and police officers are presumed to be legally incompetent. While you have the legal elements of a false arrest, I don't see that you suffered any damages. Humiliation is not a compensable item of legal damages in Texas. Rather than be humilitated why not put a poster of the deputy on your car with the label "STUPID'. Could be very satisfying, but don't get caught speeding.

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Answered on 4/02/08, 10:09 pm


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