Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site hropus.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxt!houxm!hropus!ka From: ka@hropus.UUCP (Kenneth Almquist) Newsgroups: net.legal Subject: Re: arrested.. bummer Message-ID: <332@hropus.UUCP> Date: Fri, 7-Mar-86 18:25:55 EST Article-I.D.: hropus.332 Posted: Fri Mar 7 18:25:55 1986 Date-Received: Sat, 8-Mar-86 23:28:39 EST References: <554@varian.UUCP> <635@sigma.UUCP> Organization: Bell Labs, Holmdel, NJ Lines: 20 > OK. Here is what it _says_: > (1) Any person participating in good faith in the making of a report > pursuant to this chapter or testifying as to alleged in > a judicial proceeding shall in so doing be immune from any liability > arising out of such reporting or testifying under any law of this > state or its political subdivisions. As I read this, it doesn't seem to prohibit civil suits if misconduct is committed by an agent of the government. All it means is that you have to sue the municipality or state, rather than suing the individuals. This is very likely what you would want to do anyway, since (1) the government has more money, and (2) it is not necessary for you to sort out the culpability of the various individuals involved in the case. If a private individual makes false statements to the police which lead to your arrest, then you could still sue if you can prove that the person knew the statements were false. This may be hard to prove but I believe that it is a reasonable way to keep witnesses from being intimidated. Kenneth Almquist ihnp4!houxm!hropus!ka (official name) ihnp4!opus!ka (shorter path)