My Fiancé was falsely arrested I believe by poor detective work. They believed to had probable cause to arrest him but a true investigation of my Fiancés case was never done.The probable cause was a PERSON wrongfully accused my fiancé of theft of a vehicle in which I believe from my own investigation the PERSON who identified him was involved in the matter of the stolen car.My fiancés wallet was lost and stolen and I believe the PERSON used his information as identity fraud to .The PERSONS public records show he has a history of unlawful theft of a vehicle, robbery and forgery.I would like to file a lawsuit for the detectives for a poor investigation and false arrest. I would like to also file a lawsuit for the PERSON who identified my fiancé (Who has not came to court for this)Can I sue?
YOU cannot sue anybody on behalf of your b/f, it's not your case. What damages has your b/f suffered? This is your boyfriend's issue and is quite frankly none of your business. I don't see a viable lawsuit either. Best wishes.
It is not clear to me how you have suffered a monetary loss as a result of your fiance's experience. Moreover, it is not clear to me how a civil lawsuit can help your fiance out of his current dilemma. Finally, you say nothing about the ability of the alleged wrongdoer(s) to pay a civil judgment if your fairy tale lawsuit were successful. If you care about your fiance's situation, you can best help by discontinuing this nonsense and taking the time to be sure that your fiance has the very best criminal defense attorney that you and he can afford. If necessary, he can also obtain an experienced criminal defense attorney by submitting an application to the pubic defender in the county where the charges originate. Good luck.
The first order of priority should be focused on your fiance’s criminal defense. It is risky initiating a civil action during the criminal proceedings as your fiancé can be compelled to testify in a civil matter whereas he maintains a privilege to remain silent in any criminal trial.
Can you sue, no, you have no standing. You did not suffer the alleged false arrest or any associated reputational or financial harm, your fiancee did. Whether or not he can sue would require a detailed evaluation of the police investigation and of the person you now plan to publicly accuse. If the police believed they had probable cause based on the evidence they gathered and the statements of another, there will be no viable claims for false arrest or malicious prosecution against them. If this other person (please do not use all caps, it is very difficult to read and unnecessary) lied to the police, that would be a different story. However, you would need some evidence that this other person did what you claim, not a gut feeling based solely on the public records you found on the internet and your desire to believe that your fiancee is as innocent as snow. If you accuse this other individual of the crime of false reports as you intend and you are wrong or cannot prove it, he could sue you for any harm he suffers, so tread carefully. Your fiancee needs to focus on the criminal charges pending for right now. When the criminal case is over, if he is successful he may want to consult with a civil attorney.
