Do you have the right to sue a department store for a false arrest if you have received an ACD in the criminal court case?

Q:  After an arrest for petty larceny, the defendant received an ACD, which will have the case dismissed in 6 months if the defendant stays out of trouble and performs 6 days of community service. The defendant believes he was accused due to a misunderstanding.


A:  David's Answer:  I agree with Mr Rothstein, and to the degree it represents an absolute opinion, disagree with Mr Lipps. The issue isn't merely whether you've received an ACD or not (though if you were found guilty, you certainly wouldn't have a claim). The issue is whether the store had "reasonable suspicion" to detain you in the first place. As an aside, this would NOT be a "civil rights" case unless it involved a police officer who detained you. In any event, schedule a consultation with a NYC civil litigation attorney for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)