Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

Can I SUE the POLICE Department?
Find answers to your legal question.

Can I SUE the POLICE Department?

I am wondering since my identity was stolen and the police arrested me for four warrants can i sue them for not doing there job?

It was a routine stop the person whom stole id had no car insurance, drivers license, speeding, and not registered. Should they not have taken them in. This could this have all been avoided.
Additional Details
I did not know there where tickets out until the warrants where found by my new employer. Lost job!!!


wow, you need to articulate your thoughts better before i can answer this

You can sue anybody.

Try getting a lawyer on a contingency basis, so you're not out alot of money.

There are alot of people out there who don't know they have warrants but it isn't like people can't go to the Clerk of Courts or to their local PD and ask. Wouldn't that make you negligent for not checking periodically to make sure there isn't anything on you, especially since you knew your identity was stolen?

I worked in the Records Section for a while at a large PD in OH and I saw alot of people come in to get record checks on themselves for jobs, apartments or whatever and quite a few got handcuffed and taken to jail. That doesn't make the police negligent in any way.

On one occasion they came in to arrest a girl and showed her some warrant cards that were in the file with all her information. She told them her twin sister had done this to her before. She gave them her twin's information and the girl in Records pulled up the information and sure enough, she had used her twin's information alot.

The officer took her down to the ID Bureau where they fingerprinted her and sure enough, she was innocent so they let her go. Apparently this poor girl ran into this problem regularly ~ good twin, bad twin. Sad to say she's probably been going through this and it's been over 20 years ago since that happened.

All the police can do is go by the paperwork in front of them. If you can prove what they have is wrong, more power to you.

The End.

If you want to sue someone, find the person who stole your identity ~ THEY are the guilty party, NOT the officer.

they did do their jobs.there was a warrant out in your name so they arrested you.if they did not arrest you they would have not been doing their job.if you want to make a fool out of yourself go ahead and sue

California Street Cop
You can try, but you won't win.

Those offenses you listed aren't quite arrestable. If they ran out the name she gave and she matched your description, then they've gone far enough in my opinion. I pull over fools that don't carry their license all the time. I just ask a couple questions to verify that they are who they say they are.

In general these would all be tickets, unless their is a warrant or the person was being a menace they probably recieved tickets for these offenses and were sent on their way. It is hard to tell because I was not the officer doing the stop. The warrant was most likely for failure to appear in court. There was probably 2-4 monthes from the time the ticket was issued till the court date. I am sure that the charges would be dropped but I doubt that you have enough for a suit. The police believed that you failed to appear in court. Did you notify them of the ID theft prior to your arrest. If you did not than there is no grounds for a suit they completed the warrant as it was signed by the judge. Please do us a favor and don't waste our tax dollars on a suit with the police dor a petty reason. What you should do is lobby for a change in the procedure the city or county followed that allowed someone with that many offenses to go with 4 tickets instead of arrest.

If you were arrested due to a mix up about identification and the police acted within their policies and laws, and they "thought" they had a suspect, and later you were released an charges dropped,,there is nothing the police did negligently. You have to be able to "prove" the police did not act within the scope of their duties,,,,,

El Scott
No, if the Police had warrants for your arrest and they come in contact with you then they are duty bound to serve them on you. That means the court has ordered the police to arrest you. The police officer that arrested you was working within the scope of his office and had a valid paper signed by a judge. The fact that someone used your name and other information is a defense to get out of the charges but not grounds to sue an officer who made what they believed to be a valid arrest.

No because the information they had was "You" had violated the law and a warrent was in your name. They were acting under the color of the law and with the information they had and belived to be true and accurate. They have to bring you in and in the course of the investigation, apparently found out you were not the one.

You can attempt to sue under TItle 42 Section 1983 all you want but if you had warrants they were acting in good faith and immune.

Many times when teaching criminal justice classes I was asked, "can you get sued for that?"
The answer is you can get sued for just about anything. So, yes you can sue them.
But you don't want to just sue them. You want to sue them & actually win the case. That's the hard part.
To win you will have to prove they intentionally violated your rights, prove the "identity mistake" was obvious, prove it should have been obvious the warrants though in your name were not really for you.
As I have mentioned before, a civil lawsuit takes 3-5 years to get to trial so be prepared to settle out of court or be prepared for the long haul.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

Copyright (c) 2009-2013 Wiki Law 3k Wednesday, February 10, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links