Question
Can I sue a sheriff for falsifying a DUI report?
A sheriff falsified his report. He is saying that I made a statement when in fact I did not. We now have a case going to jury trial. If we win this trial, can I sue him?LawQA.com Answer Library
Law Office of Thomas F. Mueller | Thomas Mueller
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
What happened to you happens all the time. The remedy is to sue him or make a complaint to his superior or internal affairs. If you want to sue you need to make a claim to the government entity he works for ( SJPD complaints go to City of San Jose, etc. ). There is a time limit so you should do it right away. Don't expect a fast payoff. The government Attorney's fight those cases tooth and nail.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Edward J. Blum
Yes. You can sue about lying if you win. I highly recommend that win or lose you utilize the Sheriff (or any law enforcement agency's) complaint procedure. It may not help you, but it could help a defendant about whom they lie in the future attack the officer's credibility at trial.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
You can, but your chances of success is minimal. Unfortunately this is all too common, and police know how to cover their tracks.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
Its possible, but it would probably be a waste of time and money. Its most likely your word the officer's word. Or possibly a witness or two. I do not practice civil law, but the only cause of action (basis for your law suit) would be violation of your civil rights. However the damages are probably not significant enough to justify suing. If everyone sued when a police lied, the courts would grind to a halt because it happens a lot, a whole lot.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
You would lose both cases (the criminal case and the civil case) if you cannot prove that the sheriff was lying. Check to see if you have any evidence to prove that.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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