Summary
You may have grounds for a federal lawsuit under 42 U.S.C. § 1983 for false imprisonment and civil rights violations due to the failure to update a protective order dismissal. Consider focusing on unlawful search and seizure, false imprisonment, and violation of civil rights. You can file a motion to dismiss and a motion to suppress evidence separately or together. Consult court rules or a legal advisor for the best approach.Full Conversation
My husband had spent a partial weekend in jail back in April * after a traffic stop that resulted in the discovery of an active protective order. The criminal case that involved that protective order was dismissed in July *; so the prosecutor's office failed to update the dismissal in the system. What grounds can we file a federal lawsuit on?
You may have grounds to file a federal lawsuit for violation of civil rights under * U.S.C. § *, specifically for false imprisonment or malicious prosecution due to the failure to update the protective order dismissal.
Have you considered seeking legal advice to explore this further?
We have tried several attorney's offices and none will represent us. So we are doing this Pro Se.
You may have grounds for a federal lawsuit under * U.S.C. § * for false imprisonment and deprivation of rights due to the failure to update the protective order dismissal. Consider focusing on:
- Violation of civil rights
- False imprisonment
- Malicious prosecution
Have you gathered all relevant documentation to support your case?
Yes. Are there any grounds for suit against the officer?
Hi ****! You might have grounds for a lawsuit against the officer under * U.S.C. § * for:
- False imprisonment
- Violation of civil rights
- Negligence in duty
Have you documented the officer's actions and any communication regarding the protective order?
Yes. The traffic stop itself was unlawful as well. The officer did not have the probable cause to stop me
****, you may have additional grounds for a lawsuit against the officer if the traffic stop was indeed unlawful. This could potentially include:
- Unlawful search and seizure under the Fourth Amendment.
- Violation of civil rights for an unlawful traffic stop.
Have you gathered evidence to support the claim that the officer lacked probable cause for the traffic stop?
Yes, we have video evidence. Along with the officer's probable cause affidavit. He claimed in his statement that I was "getting too close to the shoulder of the road", but on his dash cam video, my vehicle never gets close to the road
****, it seems like you have a strong case for challenging the traffic stop's lawfulness. Consider focusing on:
- Unlawful search and seizure under the Fourth Amendment
- False imprisonment due to the invalid protective order
- Violation of civil rights
Have you considered filing a motion to suppress evidence based on the unlawful stop?
How would I do that? I was planning on filing a Motion to Dismiss. Could I file both of them separately or together?
****, you can file both motions separately or together.
- Motion to Dismiss: Challenges the legal basis of the charges.
- Motion to Suppress: Seeks to exclude evidence obtained from the unlawful stop.
Filing together can be efficient, but you may wish to consult court rules or a legal advisor for the best approach.
Is there a specific court rule or procedure you need more information on?
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