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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2045
Experience:  10 years practicing IP law and general litigation
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i live in ohio. i was wondering why it is leagle for someone

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i live in ohio. i was wondering why it is leagle for someone to plant evidance and turn them in for it. i had someone plant paranifanila in my house and call the cops on me. the guys who did it was living with me at the time. it was found at his feet. and i was gone all weekend. i wasent home very long after picking up my daughter from her moms about a hour. and the cops showed up. the police report stated that he was the one who called. it also states that he ddent know who it was and it was mine and that it was his. when then cops left they chaged him with it. a couple of months later i got charged with it. i went to court and it got dissmissed due to lack of evidance. now mind you the same guy also stole some of my stuff and cowinsodently they breaks in my car went out the same day. he never got charged with the theft. i was able to track him his location the day after the theft. i called the cops to tell them the information but they told me to call back in three days when the investigation office was on duty. needless to say he skiped town in thoes three days. and when i did talk to the investigating officer he said anyone could have handeled it that it dident have to be him to do it. two years later nothing has still been done about it. the guy that did this to me is known to be a informent when he gets busted for stuff. do i have any right too sue the police department for what they helped due to me?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. The short answer to your question is that you would likely be barred from bringing suit against the police department if this action (or inaction) on the part of the police department took place more than two years ago, due to the applicable statute of limitations for suing a governmental entity.

The governmental entity also enjoys protection in the form of sovereign immunity to prevent suit against them in some cases as well. This case, which falls, unfortunately within their discretionary authority, would likely be barred based on sovereign immunity.

With all of that being said, you owe it to yourself to speak with an area plaintiff's attorney or two about your case. You would want to speak with attorneys that work in or around the area in which the police station is located. These attorneys may know of other people that have experienced similar treatment and that could join in a suit with you against the department.

Another method of retribution for you may be to contact local media outlets to report this behavior and see if they are willing to run a story on it. Bad publicity is something that law enforcement entities want to avoid if possible.

In summary, there may not be many, if any legal avenues of retribution for you in this case based on what you have told me. I hate to tell you that but I am obligated to tell you the legal reality of the situation. With that being said, it is worth it for you to speak with an area attorney or two just to make sure that they are not willing to at least try to file suit on your behalf based on other local knowledge of others being treated in similar fashion. You may also want to contact the local media as well about this treatment.

Let me know if you have any other questions or comments.

Best wishes going forward.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2045
Experience: 10 years practicing IP law and general litigation
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