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Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I was guarding a rental property I own from vandalism, when

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I was guarding a rental property I own from vandalism, when I was arrested by police for refusing a search of my vehicle with DUI. I was acquitted of charges on May 4, 2012. It is too late to file a claim to the city, but I think I have 2 years for a federal case. What about a title 42 sec 1983 case? I would like to recover damages.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

This is a bit confusing, honestly. How were you arrested for a DUI when guarding a rental property from Vandalism?

Were you in your car at the time this took place? Also, were you drinking and/or drunk?

What would you like to recover damages for exactly? The fact that you were arrested but acquitted of charges?
Hello Garret,

Honestly, civil rights lawsuits are incredibly difficult to bring, and I must say that it is highly unlikely you would win.

From the facts you've mentioned, I don't see any civil rights violation either. The fact that you were (rightfully) acquitted does not mean that any of your rights were actually violated.

Furthermore, you would be hard pressed to demonstrate damages, since you were probably not locked up for very long on this DUI when you were charged.

I also imagine there was some reasonable suspicion. You must have been either in your vehicle or close by if you weren't driving, and there must have been some reason the police thought you were intoxicated, even if you weren't.

You'd really need to have them have injured you in a substantial way to have any cause of action, I'm afraid.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.
Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
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