Summary
Suing a state like Texas for malicious arrest is complex due to sovereign immunity, but exceptions exist. If your rights were violated, you may file a claim under 42 U.S.C. § 1983 for civil rights violations, especially if excessive force or inhumane conditions were involved. Dismissed charges can strengthen your case, but a guilty plea to resisting arrest complicates it. Consulting with an attorney is advisable to explore your options.Full Conversation
i want to find out if i can sue the state of texas for MALICIOUS ARREST.
In general, suing a state for malicious arrest can be complex due to sovereign immunity, which protects states from lawsuits in many cases. However, there are exceptions based on specific circumstances.
What's the nature of the arrest and do you have any evidence showing the arrest was malicious?
i was arrested on */*/*. after my fingerprints was taken and i was booked, i was stripped naked and put in a holding cell for more than 24hrs
In Colorado, you may have grounds to file a lawsuit if your rights were violated. Here are some important points:
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Civil Rights Violation: You may file a claim under * U.S.C. § * for civil rights violations.
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Excessive Force: Claims can be made if excessive force was used during your detention.
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Conditions of Confinement: Lawsuits can address inhumane conditions or mistreatment.
~Colorado Civil Rights Division
Phone: (*) *-*
Address: * Broadway, Suite *, Denver, CO *
Website: https://dora.colorado.gov/
Do you have any documentation or witnesses supporting your claim?
i was charged with criminal trespass, possession controlled substance, resisting arrest (search)
Case Rating: *.
Your situation potentially involves several serious allegations. Here are some key points to consider:
- Civil Rights Violation: Potential claim under * U.S.C. § * for civil rights violations due to the conditions of confinement.
- Excessive Force: Evaluate if excessive force was used during arrest or detention.
- Conditions of Confinement: Claims can be made for inhumane or unlawful treatment.
Do you have any documentation, such as medical records, or witnesses who can support your claims?
the criminal trespass and possession controlled substance were dismissed
Dismissal of charges strengthens your case. Here are a few key points:
- Civil Rights Violation: You can pursue a claim under * U.S.C. § *.
- Malicious Prosecution: Requires showing charges lacked probable cause and were dismissed in your favor.
- Conditions of Confinement: Inhumane treatment can also be actionable.
Have you consulted with any legal professional about your case yet?
i plead guilty to resisting arrest(search)
Since you pleaded guilty to resisting arrest, it can complicate your claim. However, you may still have grounds for a civil rights violation or conditions of confinement claim. It’s advisable to consult with an attorney to explore these options.
Have you already reached out to a lawyer, or would you like some guidance on finding one?