I was sexually assaulted by a public safety officer while being booked on a charge that was eventually dropped from my record. They're we're two superior officers there and never knew it was going on. It took an hour and half to book me. It was caught on camera him escorting me to a private room with a sign saying no inmates allowed on door. He had only been employed two weeks with the dept. this happen in 2010. My question is do I have a law suit against him and the dept. a criminal or civil suit? He was fired from his job thank heavens but I truly believe he and the dept should pay for what he done to me.
1 Answer from Attorneys
Normally you cannot sue the government due to the principles of Sovereign Immunity. By extension, government employees have limited protections due to Qualified Immunity. There are circumstances where you could exploit a loophole to these general principles. Normally this occurs when a government actor fails to properly perform a ministerial act as opposed to a discretionary act.
Unfortunately for you, the statute of limitations still applies to the above referenced situation as does the requirement to provide the government an ante litem notice. Given that you are ultimately complaining about injury to your person, your statute of limitations is two years, unless you were a minor, i.e. under eighteen at the time of your arrest.
Sorry to give you the bad news. If ever you have questions regarding Criminal Law issues, Wrongful Death/Personal Injury, and/or Bankruptcy, feel free to call on me or visit my website at: www.rousecolaw.com.
Best of luck,