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Nate, Lawyer
Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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can a person sue a police department for a case that was 11

Resolved Question:

can a person sue a police department for a case that was 11 years old--they charged 2 other people for the same things rsp and cc both were dropped because of nolle prossed. the last one they charged was just arrested this year--in feb case was thrown out today after it was postponed once in june. the 3rd person was in the court room when one of the other persons was in court and the charges dropped in 2000. The alleged victim was deceased in 2000, now after all this bs--I have incurred lawyer fees and i want to sue the county and the police department for basic malice and miss cariage of justice, is it possible. They charges one the 3rd perswon should just have been dropped as well since the state had no case then

The state is pa county allegheny
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Nate replied 7 years ago.
Thank you for your question!

The concept of sovereign immunity limits the ability of citizens to sue the state for criminal prosecutions. Unless someone involved was acting outside their official capacity in some way (a copy with a vendetta you can prove, or a district attorney with some motive to act wrongly), you are likely not going to have any success suing the state.

You need to find a civil rights lawyer in your area. They can assess the facts, and knowing the system there, better advise you of the chances of your success before you incur any more unnecessary expenses.

I hope this helps. Be sure to click ACCEPT so that I can get credit for this answer. As always, if you have additional questions after clicking ACCEPT, I will be happy to follow up with you.

Nathan Moore
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