Criminal Law Questions? Ask a Criminal Lawyer.
Are there grounds to foul a civil suit gainst the arresting officer(s)/department?
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Possibly. However, it's important to understand that suing a government agency or a government employee acting in the line of his duties to a government agency can be very problematic due to sovereign immunity. Sovereign immunity complicates such lawsuits heavily. For your benefit, I've included a link below to more information about sovereign immunity.Such lawsuits are filed from time to time and, occasionally, plaintiffs do recover for issues such as police brutality. Officers may not arbitrarily beat or arrest an individual and the department may be liable for such conduct, as well as any property that may be stolen during an arrest. Property seized during an arrest must be properly held and returned to an individual later unless it's being held for evidentiary purposes.If he's being charged with resisting arrest, he'll need to retain an attorney to represent him in the matter. The Texas statute for that crime is absurd in that it specifically states that "it is no defense to prosecution under this section that the arrest or search was unlawful." TEX PE. CODE ANN. § 38.03(b). Therefore, it's necessary to show that he wasn't preventing or obstructing the officers from arresting him. His attorney can assist him with that effort.Sovereign Immunity
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