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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you file a civil suit against a police officer or the

Customer Question

Hello. Can you file a civil suit against a police officer or the police department for writing a false police report against any individuals?
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Technically, yes. A lawsuit for defamation can be filed. If the false police report was also instrumental in charges being filed that were later dropped, the lawsuit can also include claims for malicious prosecution and/or abuse of process.

However, the police enjoys a special level of immunity due to being a state actor. To win against the police officer (and the department, as they are liable for the officer's conduct while on duty), one would have to prove either GROSS NEGLIGENCE or MALICIOUS ACTION on behalf of the officer when they wrote that false police report.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!