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Can I Sue the Officer that arrested me on a false charge?
Anonymous3 views2 answers
3-1-14 I was arrested at home for driving on a suspended license, booked n released. I plead not guilty n fought it n won. The Officer was on the job for ten days from being an officer in Montana. The city prosecutor dismissed it n blamed the motor vehicles dept. During the Deposition with the Officer he couldn't get his facts straight n didn't get the report written right. Can I Sue him. I was arrested after he talked to the Prosecuting Atty on the phone bon a Saturday, book n released on an OO n had to walk home in the rain with one leg.
Based on that information, probably not. If there was a mistake on MVD's part, which sounds like what happened, and the officer went by that information you don't have a case. A prosecutor is the one who files charges, negotiates pleas and files dismissals when necessary. That is all within their discretion, not the officer's.
Additionally, if this was over a year ago you'd likely be time barred anyway unless the case was dismissed within the last 6 months.
