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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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