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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25927
Experience:  Active member of the NYS bar since 1989
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My car was stolen in Ft Lauderdale, Fl Sunday night. The Ft.

Customer Question

My car was stolen in Ft Lauderdale, Fl Sunday night. The Ft. Lauderdalebpolicebmadevinitial report. It was found at a hotel, in Plantation, Fl @ a LaQuinta, I wasn't allowed to take it or my school supplies ( I teach autistic young students) because they found a gun in my glove box/not mine. Turned out to be a BB gun. They called me all day saying they were waiting for CSU) then they called and said "Ms. Pederson do you have your car?) so it was stolen again, which was unbelievable. My 24 year old son was with me he heard everything. Plantation police have lied, even reports faxed are lies and conflicting. I received 2 "unapproved"' reports from Plantation police. They seemingly want to blame me when they had 6 officers and would not let me take my work for school. They found it for the 3rd time in Margate, and apparently it's with a towing co. Who suggested I immediately take it to car max. So I assume it's in CRAPPY condition. I'm upside down, in it. They have been rude, unprofessional and liars. I don't have any money to get a new car. I really need help.
Submitted: 6 months ago.
Category: Legal
Expert:  Zoey, JD replied 6 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Are you asking if you can sue the police for negligence to recover for the damage to your car?

Customer: replied 6 months ago.
Amex called to see if it was fraud. They said to reattempt the charge
Expert:  Zoey, JD replied 6 months ago.

I can't do that. Customer service has to sort this out with you.***@******.***

Meanwhile, please answer the question that i asked you so that I know what you are looking to learn.

Are you asking whether or not you can sue the police for damage to your car?

Expert:  Zoey, JD replied 6 months ago.

I was hoping to hear from you before spending time on an answer that might not be what you wished to know. But I will assume that you are hoping to be able to hold the police accountable for the damage to your car.

It is difficult but not impossible to recover for property damage from the police. Police have limited immunity from suit or prosecution when they are acting in the course of their duties. So they cannot just be sued for negligence the way you can sue a private individual. They can only be sued when there is a law that specifically says that they can be sued. Those are the civil rights cases.

Where you cannot sue them straight out for negligence, you can sue them for police misconduct. If they abused their authority, neglected to follow appropriate police procedure, for example, if they lied and covered up their wrongful actions that led to the the second theft of your car, for example, this may make out misconduct and allow you to sue. You could certainly sue the towing company, which would not have an immunity issue, if their towing/storing caused the damage.

You would need to sit down with a local civil litigator (trial lawyer) who has experience with suing the police or a local civil rights lawyer. Many lawyers have free or low cost initial consultation fees and you can discuss the matter in depth with a specialist who can tell you how viable your claim would be.

One might even be willing to take the matter up on contingency, which means you only pay filing and incidental expenses but no salary to the lawyer unless/until he wins your action. Then he gets around 40% of your award as his fee.

If this was not what you were asking about, please reply to this question thread and let me know. I'll be happy to expand my answer.

Expert:  Zoey, JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.