Suing a Police Officer Instead of the Police Department Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern) Announcing the arrival of Valued Associate #679: Cesar Manara Unicorn Meta Zoo #1: Why another podcast?Can I booby-trap my property against police?How to win against a moving violation ticket that was issued different than what I had allegedly committed?Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetratorIs it legal for police to travel with a film crew and publicize arrest footage without consent?When do the police get involved and when do they have power to resolve a (non-violent) situation?Can a civilian legally take any action against a police officer if they witness the officer violating traffic laws?What do you sue for in a breach of warranty case when no other repair is available?Are plain clothes police officers allowed to use force to make an arrest?Can a police officer lie?lying to lawyer illegal
How to create a command for the "strange m" symbol in latex?
Salesforce - multiple pre production environments
Who's this lady in the war room?
Assertions In A Mock Callout Test
Why isn't everyone flabbergasted about Bran's "gift"?
What's the difference between using dependency injection with a container and using a service locator?
Do chord progressions usually move by fifths?
"Destructive force" carried by a B-52?
Can I ask an author to send me his ebook?
How is an IPA symbol that lacks a name (e.g. ɲ) called?
Why doesn't the university give past final exams' answers?
Compiling and throwing simple dynamic exceptions at runtime for JVM
Why is one lightbulb in a string illuminated?
A German immigrant ancestor has a "Registration Affidavit of Alien Enemy" on file. What does that mean exactly?
Why do C and C++ allow the expression (int) + 4*5?
Short story about an alien named Ushtu(?) coming from a future Earth, when ours was destroyed by a nuclear explosion
How to break 信じようとしていただけかも知れない into separate parts?
/bin/ls sorts differently than just ls
Providing direct feedback to a product salesperson
Does Prince Arnaud cause someone holding the Princess to lose?
A journey... into the MIND
Should man-made satellites feature an intelligent inverted "cow catcher"?
Etymology of 見舞い
Does the Pact of the Blade warlock feature allow me to customize the properties of the pact weapon I create?
Suing a Police Officer Instead of the Police Department
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Can I booby-trap my property against police?How to win against a moving violation ticket that was issued different than what I had allegedly committed?Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetratorIs it legal for police to travel with a film crew and publicize arrest footage without consent?When do the police get involved and when do they have power to resolve a (non-violent) situation?Can a civilian legally take any action against a police officer if they witness the officer violating traffic laws?What do you sue for in a breach of warranty case when no other repair is available?Are plain clothes police officers allowed to use force to make an arrest?Can a police officer lie?lying to lawyer illegal
My car was towed in Seattle for an alleged parking violation.
I paid $350 to get it back and then went to court and had the
violation dismissed. The police officer who wrote the ticket
and called for the tow did not show up for the court hearing,
there was no evidence of a violation, and I testified that I
was careful to park legally (and indeed I was conscious of the
"No Parking" sign referring to one spot about 50 feet away from
where I parked). So, I believe the officer made some mistake.
Now, I'd rather not sue the government to get my $350 back
(you could simply say that I prefer not to have tax-payers,
including myself, pay for it), so intend to serve and sue the
officer directly. I know where to find him and actually
will first give him a demand note to pay me the $350, but I
assume that note will get me nothing.
So, what's the most likely result of my approach? Is there
precedent for taking an officer to court for a small claims
case like this? Am I likely to have the case dismissed and
be forced to refile against SPD?
(Please don't let this distract from my question, but my philosophy
is that people hide behind groups/governments/companies too often,
and I'd like to push society to take more personal responsibility
for their own actions. I have no problem with the police, my
problem is that one guy made a very careless mistake. I feel like
he won't see the consequences for his actions if I make my case
against the entire SPD. Whether it's to reduce taxes or to push
my philosophy, I know I'm struggling here just for a Pyrrhic
victory...so I'm 99% sure I will simply abandon this and sue SPD in
the end.)
police small-claims-court government-officers
|
show 1 more comment
My car was towed in Seattle for an alleged parking violation.
I paid $350 to get it back and then went to court and had the
violation dismissed. The police officer who wrote the ticket
and called for the tow did not show up for the court hearing,
there was no evidence of a violation, and I testified that I
was careful to park legally (and indeed I was conscious of the
"No Parking" sign referring to one spot about 50 feet away from
where I parked). So, I believe the officer made some mistake.
Now, I'd rather not sue the government to get my $350 back
(you could simply say that I prefer not to have tax-payers,
including myself, pay for it), so intend to serve and sue the
officer directly. I know where to find him and actually
will first give him a demand note to pay me the $350, but I
assume that note will get me nothing.
So, what's the most likely result of my approach? Is there
precedent for taking an officer to court for a small claims
case like this? Am I likely to have the case dismissed and
be forced to refile against SPD?
(Please don't let this distract from my question, but my philosophy
is that people hide behind groups/governments/companies too often,
and I'd like to push society to take more personal responsibility
for their own actions. I have no problem with the police, my
problem is that one guy made a very careless mistake. I feel like
he won't see the consequences for his actions if I make my case
against the entire SPD. Whether it's to reduce taxes or to push
my philosophy, I know I'm struggling here just for a Pyrrhic
victory...so I'm 99% sure I will simply abandon this and sue SPD in
the end.)
police small-claims-court government-officers
5
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
2
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago
|
show 1 more comment
My car was towed in Seattle for an alleged parking violation.
I paid $350 to get it back and then went to court and had the
violation dismissed. The police officer who wrote the ticket
and called for the tow did not show up for the court hearing,
there was no evidence of a violation, and I testified that I
was careful to park legally (and indeed I was conscious of the
"No Parking" sign referring to one spot about 50 feet away from
where I parked). So, I believe the officer made some mistake.
Now, I'd rather not sue the government to get my $350 back
(you could simply say that I prefer not to have tax-payers,
including myself, pay for it), so intend to serve and sue the
officer directly. I know where to find him and actually
will first give him a demand note to pay me the $350, but I
assume that note will get me nothing.
So, what's the most likely result of my approach? Is there
precedent for taking an officer to court for a small claims
case like this? Am I likely to have the case dismissed and
be forced to refile against SPD?
(Please don't let this distract from my question, but my philosophy
is that people hide behind groups/governments/companies too often,
and I'd like to push society to take more personal responsibility
for their own actions. I have no problem with the police, my
problem is that one guy made a very careless mistake. I feel like
he won't see the consequences for his actions if I make my case
against the entire SPD. Whether it's to reduce taxes or to push
my philosophy, I know I'm struggling here just for a Pyrrhic
victory...so I'm 99% sure I will simply abandon this and sue SPD in
the end.)
police small-claims-court government-officers
My car was towed in Seattle for an alleged parking violation.
I paid $350 to get it back and then went to court and had the
violation dismissed. The police officer who wrote the ticket
and called for the tow did not show up for the court hearing,
there was no evidence of a violation, and I testified that I
was careful to park legally (and indeed I was conscious of the
"No Parking" sign referring to one spot about 50 feet away from
where I parked). So, I believe the officer made some mistake.
Now, I'd rather not sue the government to get my $350 back
(you could simply say that I prefer not to have tax-payers,
including myself, pay for it), so intend to serve and sue the
officer directly. I know where to find him and actually
will first give him a demand note to pay me the $350, but I
assume that note will get me nothing.
So, what's the most likely result of my approach? Is there
precedent for taking an officer to court for a small claims
case like this? Am I likely to have the case dismissed and
be forced to refile against SPD?
(Please don't let this distract from my question, but my philosophy
is that people hide behind groups/governments/companies too often,
and I'd like to push society to take more personal responsibility
for their own actions. I have no problem with the police, my
problem is that one guy made a very careless mistake. I feel like
he won't see the consequences for his actions if I make my case
against the entire SPD. Whether it's to reduce taxes or to push
my philosophy, I know I'm struggling here just for a Pyrrhic
victory...so I'm 99% sure I will simply abandon this and sue SPD in
the end.)
police small-claims-court government-officers
police small-claims-court government-officers
asked 5 hours ago
bobuhitobobuhito
1256
1256
5
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
2
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago
|
show 1 more comment
5
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
2
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago
5
5
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
2
2
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago
|
show 1 more comment
3 Answers
3
active
oldest
votes
Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is legitimate, the city pays whatever damages there were. The provision does not cover “claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City,” but that requires a lot more than “I wasn’t parked illegally,” and in any event you cannot force that issue -— only the city can. That’s between the officer and the city, and has nothing to do with you.
This provision is pretty common in employment, including government employment. If I’m working for you and am acting in good faith, doing things for your benefit under your instructions, it’s only fair for you to shoulder the costs if I mess up. When it comes to government employees (whose job often makes people very angry at them), indemnification is extremely common. If police officers faced the risk of financial ruin for innocent mistakes, it’d be very hard to find anyone willing to do the job.
add a comment |
No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job.
I know you are saying the ticket was not warranted, but even if you are right, he can say he made a mistake and thought you were too far over and he is in the clear unless you can show he intentionally gave you a ticket when it wasn't deserved.
This article explains how and why an officer is normally immune from lawsuits.
https://law.freeadvice.com/government_law/civil_rights_law_ada/false-arrest-lawsuit.htm
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
add a comment |
You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were parked illegally, you will probably lose.
You would also have to show that your right was "well established" to defeat the qualified immunity that police officers generally have.
As to your larger goal, you should know that in many localities, even if you bring such a suit and win, the municipality, or the police union, may well reimburse the officer. So the burden may fall on the taxpayers in any case, whatever you do.
You could complain to the department. They might chose to impose some penalty on the officer. But they might well do nothing at all. In many localities you would not even be informed of the result.
If you sue the department as a whole, you may still need to establish at least the negligence of the officer who wrote the ticket. You may need to name the officer specifically. My understanding is that a sec 1983 suit must always name specific individuals. Suits under other laws follow different rules, and may vary by state or locality.
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
add a comment |
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f39347%2fsuing-a-police-officer-instead-of-the-police-department%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is legitimate, the city pays whatever damages there were. The provision does not cover “claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City,” but that requires a lot more than “I wasn’t parked illegally,” and in any event you cannot force that issue -— only the city can. That’s between the officer and the city, and has nothing to do with you.
This provision is pretty common in employment, including government employment. If I’m working for you and am acting in good faith, doing things for your benefit under your instructions, it’s only fair for you to shoulder the costs if I mess up. When it comes to government employees (whose job often makes people very angry at them), indemnification is extremely common. If police officers faced the risk of financial ruin for innocent mistakes, it’d be very hard to find anyone willing to do the job.
add a comment |
Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is legitimate, the city pays whatever damages there were. The provision does not cover “claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City,” but that requires a lot more than “I wasn’t parked illegally,” and in any event you cannot force that issue -— only the city can. That’s between the officer and the city, and has nothing to do with you.
This provision is pretty common in employment, including government employment. If I’m working for you and am acting in good faith, doing things for your benefit under your instructions, it’s only fair for you to shoulder the costs if I mess up. When it comes to government employees (whose job often makes people very angry at them), indemnification is extremely common. If police officers faced the risk of financial ruin for innocent mistakes, it’d be very hard to find anyone willing to do the job.
add a comment |
Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is legitimate, the city pays whatever damages there were. The provision does not cover “claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City,” but that requires a lot more than “I wasn’t parked illegally,” and in any event you cannot force that issue -— only the city can. That’s between the officer and the city, and has nothing to do with you.
This provision is pretty common in employment, including government employment. If I’m working for you and am acting in good faith, doing things for your benefit under your instructions, it’s only fair for you to shoulder the costs if I mess up. When it comes to government employees (whose job often makes people very angry at them), indemnification is extremely common. If police officers faced the risk of financial ruin for innocent mistakes, it’d be very hard to find anyone willing to do the job.
Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is legitimate, the city pays whatever damages there were. The provision does not cover “claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City,” but that requires a lot more than “I wasn’t parked illegally,” and in any event you cannot force that issue -— only the city can. That’s between the officer and the city, and has nothing to do with you.
This provision is pretty common in employment, including government employment. If I’m working for you and am acting in good faith, doing things for your benefit under your instructions, it’s only fair for you to shoulder the costs if I mess up. When it comes to government employees (whose job often makes people very angry at them), indemnification is extremely common. If police officers faced the risk of financial ruin for innocent mistakes, it’d be very hard to find anyone willing to do the job.
answered 4 hours ago
cpastcpast
13.3k12561
13.3k12561
add a comment |
add a comment |
No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job.
I know you are saying the ticket was not warranted, but even if you are right, he can say he made a mistake and thought you were too far over and he is in the clear unless you can show he intentionally gave you a ticket when it wasn't deserved.
This article explains how and why an officer is normally immune from lawsuits.
https://law.freeadvice.com/government_law/civil_rights_law_ada/false-arrest-lawsuit.htm
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
add a comment |
No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job.
I know you are saying the ticket was not warranted, but even if you are right, he can say he made a mistake and thought you were too far over and he is in the clear unless you can show he intentionally gave you a ticket when it wasn't deserved.
This article explains how and why an officer is normally immune from lawsuits.
https://law.freeadvice.com/government_law/civil_rights_law_ada/false-arrest-lawsuit.htm
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
add a comment |
No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job.
I know you are saying the ticket was not warranted, but even if you are right, he can say he made a mistake and thought you were too far over and he is in the clear unless you can show he intentionally gave you a ticket when it wasn't deserved.
This article explains how and why an officer is normally immune from lawsuits.
https://law.freeadvice.com/government_law/civil_rights_law_ada/false-arrest-lawsuit.htm
No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job.
I know you are saying the ticket was not warranted, but even if you are right, he can say he made a mistake and thought you were too far over and he is in the clear unless you can show he intentionally gave you a ticket when it wasn't deserved.
This article explains how and why an officer is normally immune from lawsuits.
https://law.freeadvice.com/government_law/civil_rights_law_ada/false-arrest-lawsuit.htm
answered 4 hours ago
PutviPutvi
1,470213
1,470213
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
add a comment |
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
Ok, I hope SPD deducts $350 from his pay then, assuming I win against SPD. I'll mark this as the answer, but give others a chance to answer for a few days first.
– bobuhito
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
I get that it sucks, but they aren't going to take from his pay. File a motion in the case you won to get the money back.
– Putvi
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
For the record, I was told I needed to open a whole new case at district court to get a hearing for the $350, which itself requires an $83 filing fee. I wish there were a simpler "file a motion" option like you said. I'll update here in a month or two with the result of the new case.
– bobuhito
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
You have to file a new case if you want to sue, yes, but I just meant the court you won your case in has the power to reimburse you, like they do for legal fees etc.
– Putvi
4 hours ago
add a comment |
You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were parked illegally, you will probably lose.
You would also have to show that your right was "well established" to defeat the qualified immunity that police officers generally have.
As to your larger goal, you should know that in many localities, even if you bring such a suit and win, the municipality, or the police union, may well reimburse the officer. So the burden may fall on the taxpayers in any case, whatever you do.
You could complain to the department. They might chose to impose some penalty on the officer. But they might well do nothing at all. In many localities you would not even be informed of the result.
If you sue the department as a whole, you may still need to establish at least the negligence of the officer who wrote the ticket. You may need to name the officer specifically. My understanding is that a sec 1983 suit must always name specific individuals. Suits under other laws follow different rules, and may vary by state or locality.
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
add a comment |
You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were parked illegally, you will probably lose.
You would also have to show that your right was "well established" to defeat the qualified immunity that police officers generally have.
As to your larger goal, you should know that in many localities, even if you bring such a suit and win, the municipality, or the police union, may well reimburse the officer. So the burden may fall on the taxpayers in any case, whatever you do.
You could complain to the department. They might chose to impose some penalty on the officer. But they might well do nothing at all. In many localities you would not even be informed of the result.
If you sue the department as a whole, you may still need to establish at least the negligence of the officer who wrote the ticket. You may need to name the officer specifically. My understanding is that a sec 1983 suit must always name specific individuals. Suits under other laws follow different rules, and may vary by state or locality.
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
add a comment |
You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were parked illegally, you will probably lose.
You would also have to show that your right was "well established" to defeat the qualified immunity that police officers generally have.
As to your larger goal, you should know that in many localities, even if you bring such a suit and win, the municipality, or the police union, may well reimburse the officer. So the burden may fall on the taxpayers in any case, whatever you do.
You could complain to the department. They might chose to impose some penalty on the officer. But they might well do nothing at all. In many localities you would not even be informed of the result.
If you sue the department as a whole, you may still need to establish at least the negligence of the officer who wrote the ticket. You may need to name the officer specifically. My understanding is that a sec 1983 suit must always name specific individuals. Suits under other laws follow different rules, and may vary by state or locality.
You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were parked illegally, you will probably lose.
You would also have to show that your right was "well established" to defeat the qualified immunity that police officers generally have.
As to your larger goal, you should know that in many localities, even if you bring such a suit and win, the municipality, or the police union, may well reimburse the officer. So the burden may fall on the taxpayers in any case, whatever you do.
You could complain to the department. They might chose to impose some penalty on the officer. But they might well do nothing at all. In many localities you would not even be informed of the result.
If you sue the department as a whole, you may still need to establish at least the negligence of the officer who wrote the ticket. You may need to name the officer specifically. My understanding is that a sec 1983 suit must always name specific individuals. Suits under other laws follow different rules, and may vary by state or locality.
answered 4 hours ago
David SiegelDavid Siegel
17.5k3767
17.5k3767
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
add a comment |
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
Well, I think I could prove "any reasonable officer would have known this", so you give me a little hope...but not enough yet to pursue the personal lawsuit.
– bobuhito
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
@bobuhito I don't know the facts here, but remember that "reasonable" can include "careless" as long as the person is not 'grossly negligent". You will want to consult a lawyer before going far with this, I think.. Or you could just request refund of the towing fee, as a first step. You could always sue if you are turned down.
– David Siegel
4 hours ago
add a comment |
Thanks for contributing an answer to Law Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f39347%2fsuing-a-police-officer-instead-of-the-police-department%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
5
You can't sue an officer for doing his job. He is just going to say you parked illegally.
– Putvi
5 hours ago
That is the sort of simple answer I'm looking for, but I know police can be sued for things like false arrest or excessive force, so I think this is more about precedent than a general rule.
– bobuhito
5 hours ago
Yeah, you can sue a cop, but he has to have done something wrong. A parking ticket isn't knowingly doing something wrong.
– Putvi
4 hours ago
2
As @Putvi notes in his answer, a suit against the officer would be futile. There is a very good chance that you wouldn't prevail against anyone to get your $350 back either. The default rule is that if you are charged with something and the charges don't hold up, that the government owes you nothing.
– ohwilleke
4 hours ago
What @ohwilleke said is right, but in IL at least they try to work with you on the fees if you are found innocent. Call the towing place and file a motion in the case you won to ask that the city refund the fee since you won. I'm not saying they have to refund it, but some places are nice. It's probably different in huge town like Seattle though.
– Putvi
4 hours ago