Legal Question in Civil Litigation in Virginia

I was accused of a crime by my ex-girlfriend/co-worker. I was arrested in the facility she worked. At trial she stated that the notified the employers ahead of time. There were two warrants filed for the same crime. The First with my home address and the 2 with the stores adress. The asset protection manager asked me to come to the security office. I was dragged out by eight officers while that bit@ch was laughing in the parking lot. I went to trial and ws found not guilty with prejudice because she was lying. I had to go to civil court and had the Protective Order removed as the respondant. Then the common wealth attorney lifted the order w/o contest. I am suing for damages.

Can I sue my employer for participating in the arrest. She stated that they notified them before she called the police and the victims witness notified them prior to my arrest a few days before it happened.

Can I sue my employer in participating in setting up the arrest when I was ultimately innocent. Can I sue for lost wages for 2 1/2 months and emotional distress. And what VA statues could I use?


Asked on 9/28/10, 9:53 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, I see no sustainable action for civil damages premised upon a theory of malicious prosecution or other related tort action against your employer based upon the facts described. Your focus for any such action(s) should lie against this former (allegedly perjurious) girlfriend/co-worker rather than this employer (in my opinion).

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Answered on 10/04/10, 11:23 am


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