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scoir99

Junior Member
What is the name of your state? ohio
I was falsely accused of assualt by a restuarant drive thorugh employee and here manager after I filed a complaint against them. They gave the police a false description that was no way even close to me or my car and my name was later provided to the police by a district manager. They also destroyed the video tape of the drive through that showed nothing happened. I was arrest over a week later at my house. Was treated very rudely by police asking if i had dyed my hair removed tattoos etc etc ..and where was my other vehicle, I have none. after several trips to court the prosecutor dropped the charges but I had to pay court costs for my personal bind etc... now i was wondering can I sue and would it be worthwhile to sue the several employees, including managers who filed false reports and the major food chain. I asked and requested charges for filing a clearly false report but nothing was ever done. Also at the time was unemployed and made it so all jobs I tried for declined to hire me several citing this case as a reason.:confused:
 


CavemanLawyer

Senior Member
If the police aren't willing to file charges of false report than there's really nothing that can be done by way of a criminal action. Your civil remedy is to file suit for malicious prosecution. It is a pretty high burden to meet though. Consult an attorney and see if they believe you have a case.
 

scoir99

Junior Member
I do not think the prosecutor did anything wrong except wait for a long time and 2 hearing to actually review the facts of the case, but the police and the people who filed the false reports on the other hand clearly made no attempt at acting correctly I believe, and it is them that I was wondering about taking some response against, to clarify myself
 

Bird79

Junior Member
It sounds like you may have a slander case, these false charges have prevented you from income based on the fact you can provide evidence of employers declining your application based on these false charges, consult a civil attorney, more charges may be filed.
 

CavemanLawyer

Senior Member
I do not think the prosecutor did anything wrong except wait for a long time and 2 hearing to actually review the facts of the case, but the police and the people who filed the false reports on the other hand clearly made no attempt at acting correctly I believe, and it is them that I was wondering about taking some response against, to clarify myself

Malicious prosecution is not a claim that the prosecutor or the State did anything wrong. It is the civil cause of action that arises when someone filies a false criminal complaint against you that results in your prosecution. The suit would be filed against these parties who made the complaint, not against the DA's office.
 

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