How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118199
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

For Law Educator, Esq.: In an Oklahoma case where a person

This answer was rated:

For Law Educator, Esq.: In an Oklahoma case where a person was falsely imprisoned due to ineffective counsel, what state entity could the defendant file a civil lawsuit against?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, state agencies have what is called qualified immunity which protect them in most cases. If the defense counsel was incompetent and committed malpractice, then the defense counsel would be sued not the state agency. State agencies arrest and prosecute people all the time and even get convictions when defense counsel is not effective, but the DA and law enforcement are generally immune from civil suit based on statutory immunity as long as they can establish they had at least probable cause for the arrest and charging the person. So, you could sue the officers who made the arrest (DA and judges have absolute immunity) if the arrest was made without any probable cause for the arrest.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 3 years ago.

So the sheriff (if not involved in the arrest) or county jail could not be sued in a case like this. Is this correct?

Thank you for your response.

They could be sued, but not for the arrest or conviction, as we discussed before, they could be sued for being given proof he should have been legally released and they failed to release him in accordance with the law. That is their liability on this matter, post conviction for not releasing him when he was due to be released.
Law Educator, Esq. and other Criminal Law Specialists are ready to help you