Q: Boyfriend falsely accused, seeks civil suit against authorities.

I'm seeking legal advice for my boyfriend, who is in prison after being falsely accused of a serious crime. Although found innocent at trial, he is serving a 4-year sentence for intimidation of a witness due to a call made to the accuser. He believes police ignored evidence from his phone that showed a consensual relationship and blackmail attempts by the accuser. While incarcerated, he has picked up additional charges, and he hasn't been able to pursue a civil suit. He seeks to file a lawsuit against the police, city, and state for defamation of character, false imprisonment, emotional distress, malicious prosecution, reputational damages, financial losses, and punitive damages.

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James L. Arrasmith
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Answered

A: It’s heartbreaking to see someone you care about go through something so painful, especially when they believe they've been wronged by the system. Even though your boyfriend was found innocent of the initial accusation, the conviction for intimidation of a witness complicates things. Civil lawsuits like the one he's considering are possible, but they come with strict rules—especially when they involve government agencies or officials.

To bring a civil suit for false imprisonment, malicious prosecution, or emotional distress, he’ll need to prove that authorities acted with misconduct, such as ignoring key evidence or acting with deliberate bias. Claims like defamation or reputational harm are even harder while someone is serving time, especially if new charges are involved. The key step is gathering strong evidence—phone records, trial transcripts, statements, and anything that shows authorities either mishandled or ignored the truth.

He can still prepare to file a lawsuit from prison, but he needs to be mindful of deadlines, like statutes of limitations. These time limits vary depending on the type of claim and who he’s suing, so the clock may already be ticking. His story matters, and the pain he’s endured deserves to be acknowledged—but the path forward will take clear planning, patience, and as much support as you can give. Keep documenting everything and don’t give up hope.

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