Legal Solution
The response provided below is specific to discrimination & civil rights law... in the jurisdiction of Tulsa. If the response is inadequate, please submit a detailed inquiry.
Unlawful Detention in Tulsa County
Relevant Statutes and Links
Potential Solution
Should you believe your rights were violated by being held against your will after charges were dismissed, you can consider filing a civil lawsuit under 42 U.S.C. § 1983 for deprivation of your rights under the U.S. Constitution. Before doing so, it's advised to first find the right lawyer specializing in civil rights or false imprisonment cases to guide you through the process.
Pricing Estimates in Tulsa
Service |
Average Price in Tulsa |
Difference from National Average |
Consultation with a civil rights attorney |
$250/hr |
+10% |
Filing a civil lawsuit |
$1,500 - $3,000 |
+5% |
Full representation through trial |
$10,000 - $25,000 |
+15% |
Note: Prices can vary widely based on the specifics of your case and the experience of the attorney. It's always best to consult with multiple attorneys to get a clearer picture of potential costs.
Complexity of Unlawful Detention Cases
Unlawful detention cases can be complex due to several factors:
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Evidence Gathering: Collecting evidence to prove that you were held without just cause can be challenging.
Case Study: A man in Tulsa was held for an extra 5 days due to a clerical error. He was awarded $5,000 for each day he was wrongfully held after presenting CCTV footage of his holding cell and showing the absence of any legal reason for his continued detention.
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Government Immunity: Counties and their employees often have certain immunities from lawsuits. Overcoming this requires clear evidence of misconduct.
Case Study: A woman in Tulsa sued the county for false imprisonment after being held for 10 days without a charge. The county initially claimed immunity, but after it was revealed that there was intentional misconduct involved, she was awarded damages.
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Variability in Compensation: Damages awarded can vary greatly, depending on the specifics of the case and the harm suffered by the plaintiff.
Case Study: A Tulsa resident was detained wrongfully for a month due to a misidentification. Though he sought substantial damages, he was only awarded for the actual days he was detained and lost wages.
Questions for Further Clarification
- Have you already consulted with any civil rights attorney regarding your case?
- Were there any witnesses or video evidence during your extended detention?
- Apart from the emotional distress, did you suffer any other tangible losses (like lost wages) during your wrongful detention?
Frequently Asked Questions
Q1: Can I sue Tulsa County for false imprisonment?
Yes, under certain circumstances, you can sue for false imprisonment if you can prove you were unlawfully detained.
Q2: How long do I have to file a lawsuit for wrongful detention?
Typically, there's a statute of limitations that may vary by state. In many cases, you have around two years, but always consult with an attorney to get specifics for your situation.
Q3: What kind of damages can I expect in a wrongful detention case?
Damages can include compensation for emotional distress, lost wages, and in some cases, punitive damages if malicious intent can be proven.
Q4: Can the county claim immunity from my lawsuit?
Government entities can sometimes claim immunity, but this can be overcome if there's clear evidence of misconduct or violation of rights.
Q5: How do I choose the best attorney for my case?
It's crucial to compare lawyers in your area to find one that has experience in civil rights or wrongful detention cases. Always check reviews, past case results, and conduct initial consultations before deciding.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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Legal question "if a i go to court in tulsa county and all my charges are dismissed and they don’t release me for 3 days is that terms for a civil suit against the state or the county?" has been changed
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