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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114799
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was arrested . Sheriff, process server never

Customer Question

I was arrested for tresspassing. Sheriff, process server never served eviction papers. Never had any non payment issues, and never received any notification of eviction to my person or certified mail. I went to the courthouse- no documentation of any eviction proceedings ever being filed, no unlawful detainer summons ever granted or so much as filed. I intend to sue the police department and the county for maximum damages. Any advice? I'm a single mother of 2 small children battling cervical cancer stage 3b. I can't get past the 2nd round of interviews as my arrest record shows up. I've lost healthcare due to loss of income after reporting the arrest to my boss(breach of contract) and filed my resignation instead of being fired.
Submitted: 1 year ago.
Category: Real Estate Law
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.
You have grounds to sue the owner of the property for unlawful eviction as well as malicious prosecution for engaging in this conduct and causing the arrest. As far as the police, if you can prove that they did make the arrest without proper documentation, then they have engaged in a false arrest and civil rights violation and that is considered gross negligence to overcome the statutory immunity they have from civil suit.
If you have the proof there was no civil suit and no summons served prior to the arrest, you have a claim against the landlord and police for ALL damages suffered, including the loss of employment and health benefits, emotional distress and also to get your record cleared and expunged.
Because what you describe is a serious case, you need to consider using a local civil rights attorney to file your suit against all of the parties.

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