I think I just got "profiled".

[len3.8]

When you speak to a lawyer, make sure they are familiar with litigation in Federal Court and Civil Rights claims. Suing the government is not easy and there are a number of traps to catch the average lawyer.

I have occasion to defend various governments in cases involving civil rights claims and otherwise and I am usually able to get the cases thrown out on grounds that the average person may consider to be a technicality or simply because the other attorney has not prepared their case sufficient to survive a motion to dismiss or for summary judgment.

Your situation sounds more like a claim for false arrest than malicious prosecution, and I would expect your lawyer to assert a claim for disparate treatment on the basis of race in violation of the Fourteenth Amendment guarantee of equal protection.

You may also have to go through an administrative or other claims process before you bring suit. Governments and their employees are immune from certain things and some state laws will require that you submit a claim and wait for it to be allowed or disallowed before you can bring a state law claim. Usually these requirements do not apply to federal constitutional claims, although there is an element of exhaustion of remedies for such claims as well.

I wish you luck in your endeavor. Such conduct must not be tolerated and the legal system is the best means to impact their behavior in the future.

THANKS for the Info. Proceeding with those that have expressed some of the same things that you have said. I will ask about the other things that they have not spoken of. Much appreciated.
Len

 

[PHOEN$X]

Len, that is just horrible. I don't know what they could ever do to make it right, but I wish you luck in your pursuit of legal justice so that the system can be improved upon, hopefully.