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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110486
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For Law Educator, Esq.: In an Oklahoma case where a person

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For Law Educator, Esq.: In an Oklahoma case where a person was falsely imprisoned due to ineffective counsel, what state entity could the defendant file a civil lawsuit against?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, state agencies have what is called qualified immunity which protect them in most cases. If the defense counsel was incompetent and committed malpractice, then the defense counsel would be sued not the state agency. State agencies arrest and prosecute people all the time and even get convictions when defense counsel is not effective, but the DA and law enforcement are generally immune from civil suit based on statutory immunity as long as they can establish they had at least probable cause for the arrest and charging the person. So, you could sue the officers who made the arrest (DA and judges have absolute immunity) if the arrest was made without any probable cause for the arrest.

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Customer: replied 3 years ago.

So the sheriff (if not involved in the arrest) or county jail could not be sued in a case like this. Is this correct?

Thank you for your response.

They could be sued, but not for the arrest or conviction, as we discussed before, they could be sued for being given proof he should have been legally released and they failed to release him in accordance with the law. That is their liability on this matter, post conviction for not releasing him when he was due to be released.
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