Fema Employment

I am on EAD-F1 VISA in US working for a company. I was falsely arrested by a police officer. Can I sue him?

Can I file a civil law suit against the Cop or the County Government for false imprisonment and arrest without warrant? I an not a US citizen but on I am on Employment Authorization Card. My main questions was that people who are on VISA do not have right to sue against government officials ? or they do? Yes, there was no crime committed and then there are some false statements in the police report which can be proven wrong with physical eveidence that I have.

Public Comments

1. They do not need a warrant to arrest you, all they need is probable cause. If they had a reason to arrest you, there is no grounds for a lawsuit. You need to provide more details for an answer, or better yet, seek the advice of a local attorney. Most do not charge for the initial consultation.
2. Is that your opinion you where falsely arrested? You provide no facts, other than your view, to support your claim. My guess is he did have probable cause to arrest you and you think that because charges where dropped or you where found not guilty, that gives you some sort of a right to sue. It does not. The police are given wide latitude in arrests, so unless he really acted grossly against the law, you probably have no case. I am also curious...would you be so eager to sue your gov't or law enforcement in your home country?
3. You always win by filing a citizen's complaint. Even if Internal Affairs dismisses it because it lacks video evidence, the complaint goes on teh cop's personnel record and may someday be the drop that overflows the cup. So, file your complaint regardless!
4. NEED MORE INFO!!!!! Generally, if you are arrested you are then taken to a magistrate and the magistrate decides if you are to be charged and booked, based on evidence and testimony of the arresting officer. This is a hearing, not a trial, so you don't get a lot of input. If you are charged then you are booked into the jail and you will be given a court date. Unless the Officer arrested you maliciously and totally without foundation, he's pretty much protected. If you are found not guilty, you can pursue civil action against the municipality for any damages actually incurred, such as attorney's fees, lost wages, punitive and compensatory damages for mental anguish and all that, but again, you will need to show that the officer had absolutely no grounds to detain and arrest you or that your civil rights were violated. With our litigious society I'm sure you can find an attorney that will try to get you (and him) a little something out of the deal.
5. Talk to a lawyer. You didn´t give enough information about your case. If the officer acted on good faith and had probable cause to believe that you committed a crime, then no you cannot sue. These are pretty technical terms so again I need to refer you to an attorney. The fact that you are in country on a student visa shouldn´t have anything to do with it. Just be careful that you don´t violate the terms of the visa that you have. Some Employment Authorization Documents limit your ability to work on campus or in a field related to your studies. An EAD doesn´t necessarily mean that you can take any job that you want.
6. you would have to show that he arrested you when he knew you were innocent. if he arrested you for DUI and you were found not guilty, then no. you would have to show intent on his part to make a bad arrest. (if there even was a bad arrest). and to the idiot that suggest they all go on the cops record. NO THEY DON'T. I was accused of harassing a female by following her around all night. I, was in Canada hunting at the time. SHE was just trying to get even with me for writing her a ticket. SHE went to jail for 6 months for perjury and false reporting. IT is not in my file.
7. If the arrest was made in good faith, based on probable cause, then no, you cannot sue. Contact an attorney for a solid answer using the details of your case.
8. Are you claiming diplomatic immunity? If you are in the US and you commit a crime, you are subject to the same laws as an American citizen. It would be the same if an American was arrested in a foreign country. Remember the Michael Fay case? Look it up on the internet. You will find that what I'm saying is true. Being here on a work visa does not render you an exception to American law. An arrest warrant is not needed to arrest you...only probable cause. If an officer has a reason to arrest and detain you, there is nothing you can do, even if you are found to be not guilty of a crime. EMT
9. You will have to prove you were falsely arrested. If, in the adjudication of that arrest you are found guilty, it was obviously not an unlawful arrest, therefore your civil suit would likely go nowhere. If you are found not guilty or acquitted, you have a better chance at a civil suit but it is not a guarantee.