#SuingTheBank #WrongfulArrest #BankingLaws #LegalRights
π¨ Can I sue a bank for wrongfully calling the police on me? π¨
The short answer is yes, you can sue a bank for wrongful actions that lead to your arrest. In the case described, the actions of the United Community Bank teller and subsequent involvement of law enforcement resulted in a traumatic and unjust situation for the individual.
In this article, we will delve into the legal aspects of this scenario, explore the potential grounds for a lawsuit, and provide insights on steps you can take to seek justice and compensation for the harm caused.
## What are the grounds for suing the bank?
The situation described raises several potential grounds for a lawsuit against the bank, including:
### 1. Defamation and False Accusations
The teller’s statement that the check was fraudulent, in the absence of concrete evidence, could be considered as a defamatory statement. False accusations of criminal activity can lead to emotional distress and damage to one’s reputation.
### 2. Negligence
The bank may be held liable for negligence if the teller failed to properly verify the authenticity of the check before involving law enforcement. A reasonable person would expect a financial institution to exercise due diligence in handling such matters.
### 3. Excessive use of force by law enforcement
The actions of the police in forcefully arresting and physically injuring the individual without proper cause could be a basis for legal action against the law enforcement agency involved.
## Can I seek compensation for the damages incurred?
Yes, you can seek compensation for the damages incurred as a result of the wrongful actions of the bank and law enforcement. The damages may include:
– Emotional distress and trauma
– Physical injuries, if any
– Loss of reputation and standing in the community
– Legal expenses incurred in addressing the wrongful arrest and subsequent legal proceedings
## What steps should I take to pursue a lawsuit?
### 1. Gather evidence
Collect all relevant evidence, including any documentation from the bank, medical records for any injuries sustained, and eyewitness accounts of the incident.
### 2. Consult with an attorney
Seek legal advice from an experienced attorney who specializes in civil rights and banking laws. They can provide valuable guidance on the viability of your case and the potential legal strategies to pursue.
### 3. Contact the bank and law enforcement agency
Before initiating legal action, it may be beneficial to attempt to resolve the matter through direct communication with the bank and the law enforcement agency involved. This could involve a formal written complaint outlining the damages suffered and a request for compensation.
### 4. File a lawsuit
If the direct communication and attempts at resolution prove unsuccessful, your attorney can help you file a lawsuit against the bank and the law enforcement agency involved. The lawsuit would seek to hold them accountable for the wrongful actions and seek appropriate compensation for the damages incurred.
## Final thoughts
The situation described is distressing and illustrates the potential consequences of wrongful actions by a financial institution and law enforcement. It is essential to assert your rights and seek justice in such circumstances.
If you or someone you know has experienced similar unjust treatment by a bank or law enforcement, it is imperative to seek legal advice promptly and take action to hold the responsible parties accountable.
While awaiting the attorney’s return, be sure to document all details of the incident and gather any relevant evidence to support your case. The key to a successful lawsuit lies in comprehensive preparation and the support of knowledgeable legal counsel.
We hope this article has provided valuable insights into the possibility of suing a bank for wrongfully involving law enforcement. Remember, asserting your rights is crucial in addressing such unjust situations and seeking the justice and compensation you deserve.
If they reasonably believed that you were committing a crime, then you will lose if you sue them.
Sure, it’s possible for you to sue the bank.
I’m going to get downvoted and hated for saying this, but my first question if you were a prospective client calling me would be “Are you black?” Because these cases can be a lot more valuable if there is a discrimination angle. If you’re not black, I would then ask if you are least not white.
You can google — black cash check arrested — for examples of highly publicized cases like yours. Banks don’t want these kinds of stories going viral. Banks don’t want to be in front of juries on these kinds of cases.
One of the first things I would do here is find out if you’re in a state where 911 calls are public records and try to make a public records request (sometimes called an open records request or sunshine law request or Freedom of Information request) and try to get a copy of the 911 audio/transcript. It’s possible the bank employee said inflammatory things that weren’t true and that this exacerbated the situation. Maybe he said you were belligerent, reaching in your pocket, I don’t know.
Also, I’d call a lawyer ASAP so the lawyer can immediately demand that the bank preserve all records of this incident, including surveillance video. Otherwise the bank’s video video might be deleted or “recorded over” in the ordinary course very soon pursuant to its regular records retention practices. If you can’t hire a lawyer in the next few days, make a written demand yourself that the bank manager preserve the video and hand it to the manager ASAP.
You may also have a civil rights claim for excessive force, or unlawful detention against the police, if their response to the situation wasn’t reasonable. Depending on what the bank employee said, pointing guns at you and dragging you out of the car and shoving your face in the cement may not have been reasonable at all.
Although the law is color blind, civil rights cases for false arrest and excessive force can also have a higher potential value and settlement value if you are not white, such that your chances of finding an attorney willing to take the case may be higher if you are not white.
You can speak to your lawyer. This is a very uphill battle.
>It turns out, there is another bank with the exact same name in Illinois, that is not affiliated with the united community bank in my area.
And did the check you attempted to cash clearly have the name and/or address and/or logo of a different Illinois bank printed on it, such that a competent teller who was even minimally trained to read the name and address on the check would have immediately noticed this and just said “Sorry, this isn’t us, we can’t cash it”?
What about excessive force by the police department? Seems unreasonable to smash someone’s face in the ground for a nonviolent “crime”
Donβt forget to file a complaint with the FDIC as well.
Contact the law office you received the check from. That lawyer might be interested in knowing the bank accused them of giving you a fraudulent check and then treated you like a violent criminal just because of that.