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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114078
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was incarcerated months in Kansas dept. of corrections. I

Customer Question

I was incarcerated for 16 months in Kansas dept. of corrections. I appealed it and decision was reversed on grounds that the search warrant demonstrated no probable cause, therefor should not have been issued. I lost my job, my home, and my children had to be placed into my mothers home as I am there custodial parent. I want to know if I have legal grounds to file a lawsuit for illegal incarceration, as my 4th amendment rights were violated. also are there any familial damages as my children and I were sperated due to the incarceration.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
KS has no statute specifically providing for wrongful incarceration, which means you have a legal right to sue for the actual losses and emotional distress you suffered from being wrongfully convicted and incarcerated and you can sue for that as part of a civil rights violation against the law enforcement agency and officer who obtained the improper search warrant.
You need to engage a local civil rights attorney and you need to find one at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com. Many attorneys do not specialize in this type of case, you need a civil rights attorney who does and do not stop at one, call several because their fees will vary (contingency fees generally) and they are busy so one may not have time but another will.