Question

Can I Sue if Falsely Arrested or Hurt/Denied Treatment in Illinois Police Custody?

Richard J. Dvorak

Answered by:
Richard J. Dvorak

Located in Willowbrook, IL
Dvorak Law Offices, LLC

Richard J. Dvorak - Criminal Defense - Super Lawyers

Answered by: Richard J. Dvorak

Dvorak Law Offices, LLC
Willowbrook, IL
Phone: 312-762-5217
Fax: 312-873-3869

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Answer

Yes, you can file a civil lawsuit requesting financial compensation. When ongoing practices or policies caused the harm, you may also ask for injunctive relief to correct the problem so it does not keep happening.

When might you have a claim against a state or federal law enforcement agency? Here are some of the common ones:

  • False arrest or malicious prosecution – when police officers corrupt the justice system to cause a false arrest, prosecution or conviction
  • Excessive force – when police officers use unreasonable force that causes an injury
  • Denial of medical treatment while in custody -- when jail guards or medical personnel are deliberately indifferent to serious medical needs

The length of time to file a claim depends on what happened. Generally, a federal court lawsuit must be filed within two years. In Illinois state court, there is less time and you are usually limited to filing within one year

Even more important is the length of time that law enforcement agencies must hold onto evidence. For video from a squad dash or body camera it may be a matter of months if not weeks. It also takes time to investigate a claim by analyzing various records related to arrest, time in custody, court hearings or trial, and medical treatment.

If you have suffered injury at the hands of law enforcement, it is crucial to seek immediate legal advice.

Contingent Representation

We handle these cases on a contingency. This means it does not cost you anything to tell us your story.

We can also defend you against criminal charges, bring your appeal or request post-conviction relief in addition to handling the civil lawsuit. Instead of working with multiple attorneys and law firms, we have the resources and skills to fight for you in civil and criminal court.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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