Legal Question in Constitutional Law in Virginia
Constitutional/civil/religious rights question
If I am sitting in church, minding my own business, and the pastor calls the police to have me removed from the church, and the police search me , do not notify me of the charge, do not read me my rights, then handcuff me and put me into a police car. Then after about a hour they release me, appoligize for detaining me. No charges were ever filed. What is the Statue of limitations on such a case. Also I have been deprived of my right to worship were I choose, resulting in depression and also physical illness due to the depression. Possible slander involved.
Do I have a case ?
1 Answer from Attorneys
Re: Constitutional/civil/religious rights question
The applicable statute of limitations in the Commonwealth for false arrrest and false detention and/or imprisonment appears to be two years from the date of the incident. Va. Code Sec.8.01-248.
Defamation(slander and libel) is governed by Va. Code Sec. 8.01-247.1 with a one year statute of limitation.
As to whether you might have a viable case against your local police agency and/or pastor, based upon the paltry facts offered in your question, I would have no idea.
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