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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can I sue a police department and/or a local district

Customer Question

Can I sue a police department and/or a local district justice for attorney fees if they advanced a case that was determined to have absolutely no evidence ?
Submitted: 7 months ago.
Category: Legal
Expert:  CalAttorney2 replied 7 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

I am sorry to learn of your situation.

Judicial officers are protected from suit by judicial immunity.

Regarding the police department, it is possible to sue law enforcement for violation of civil rights - but prosecuting a case that was later deemed to lack sufficient evidence is not necessarily a violation of a constitutional right. You can speak with a local attorney (look for a civil litigation attorney that specializes in what we call "1983" claims - referring to 42 USC 1983 - the federal statute that permits these kinds of lawsuits), most will provide you with a free consultation to review the details of your case, and provide you with a more complete consultation based on the specifics of this evaluation. (The details may provide you with a different answer than my "general information" - not likely answer, and you can determine whether or not it is worth pursuing from there, again, most of these attorneys will at least consult with you free of charge).