Can a police officer be held liable for not investigating thoroughly before filing charges?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a police officer be held liable for not investigating thoroughly before filing charges?
If an individual was wrongly accused of being involved in an altercation (for being with the wrong people at the wrong place at the wrong time), and subsequently is charged with Assault, and his name was defamed in a newspaper article concerning the incident, as to of which he had no involvement in, yet the police officer does not interview any of the witnesses for the event, or the accused to determine who actually took part in the event prior to filing charges, what repercussions can be made against the officer for the harm done to the persons character, lawyer and court costs, lost work, etc.
Asked on November 23, 2010 under Personal Injury, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is very difficult to prove the kind of case that you wish to prove against the police and the prosecutor's office. Generally speaking these two bodies of law enforcement have immunity from these type of suits. In order to bypass the immunity you would have to prove that the actions of the police and the prosecutor's office were malicious and resulted in wrongful arrest. If you believe that the actions done were intentional and that it was not just bad investigating in the matter then I would seek help from an attorney in your area. It sounds as if you have thought this through now you just have to prove it. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.