How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8220
Experience:  since 1983
9653905
Type Your Legal Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

Supreme court of ky ruled

Resolved Question:

Supreme court of ky ruled that my fourth amendment rights were violated and the police dept acted with malice towards me during the warrantless search of my home and violated my civil rights as the took me to jail. Arrest was on 01/26/2010. Decision of the supreme court of ky was given and pubished in May of 2013. When does the statute of limitations start to run for a suit against the police dept for their warrantless search? I ALSO MENTION HERE THAT I WAS ON PROBATION UNTIL JUNE 24TH, 2011  WHEN I WON MY APPEAL FROM THE STATE COURT OF APPEALS OF KY WHICH STATED MY FOURTH AMENDMENT RIGHTS WERE VIOLATED. This state court of appeals is the decision that the prosecutors for fayette county took to the state supreme court of ky.  As I said, I won that decision as well in may of 2013.  But I mention again that I was released from probation and didnt have to pay the monthly fees and was told I was free to come and go as I please. The state court of appeals reversed my conviction and I think it took a month for the city of lexington to release me from probation.  I think the decision of state court of appeals should be the start of statute of limitations as it was not till that date that I knew I could sue for wrongful doings from the police dept.

Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
I need to read the Supreme Court opinion in your case. Do you have the case number?

Customer: replied 1 year ago.

Yes it is 2011-SC-000403-DG

Expert:  N Cal Attorney replied 1 year ago.

I am sorry they put you through this and I'm sorry that I have to give you more bad news.


http://law.justia.com/cases/federal/district-courts/kentucky/kywdce/1:2010cv00123/74656/6

is a Kentucky Federal Court opinion which holds there is a 1 year statute of limitation on Fourth amendment civil right cases in Kentucky, and that the statute runs from the date of the illegal search despite later court proceedings. That opinion seems to accurately state the law on this, and it was not appealed.

 

I am sorry this is not the answer you have hoped for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.

 

If I made the law the statute of limitations would not begin to run until a court had said the search was illegal, but that is not what the law is on this issue. It is not a fair law that forces someone to sue for a civil rights violation before the criminal case has resulted in a finding of an illegal search, it's a bad rule that invites courts to make conflicting decisions, but I don't make the law, I just answer questions.

 

I hope this information is helpful.

N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8220
Experience: since 1983
N Cal Attorney and 8 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer, and thank you very much for the bonus!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
N Cal Attorney
N Cal Attorney
Lawyer
8220 Satisfied Customers
since 1983