Legal Question in Civil Litigation in Virginia

I have been active duty Navy for the last 12 and half years. I was arrested for DUI back in April. Due to the arrest, the Navy punished me through the military justice system. I was fined, reduced in rank and confined for 45 days. Also because of the punishment I received I am being forced out of the Navy at the enlistment contract in September. I am now no longer eligible to retire at 20 years and have lost any potential reenlistment bonus'. Also I am out the money I was fined and the money I lose monthly due to being reduced in rank, not to mention lawyer fees and the fact I was confined. I went to court yesterday and the judge found that the officer did not have probable cause to arrest me and dismissed the case. Can I go after the city for damages incurred and potential money lost?


Asked on 7/24/14, 8:01 am

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

Yes, you could "go after the city for damages incurred and potential

money lost" but would likely lose based on several grounds which

could be raised by this municipality in its defense against such a lawsuit.

A more logical route for you to pursue for appropriate redress (in my opinion) would appear to be through the military justice system which has already punished you for a civilian/misdemeanor offense which apparently should never have been charged and before you are formally separated from the Navy in September.

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Answered on 7/24/14, 8:38 am


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