Suing a Sheriff's Department.

Principal is important.  So is being debt free from hospital bills, and having good health, as it was before a convicted drug user drove into me, and a Sheriff's department decided to to sweep it under the rug to take care of one of their own.

And the person you want to sue is the one who injured you.

If a law enforcement agency fails to complete their duty, and even supresses evidence and purposefully ruins an investigation, to protect an otherwise guilty family member of one of their own, no matter which way you look at it, it is wrong.  Unfortunately, as stated by our peers on here, attorneys are reluctant to take on a governmental agency because of how sticky it is.  But I refuse to remain indifferent to governmental agencies who feel they can pick and choose when they want to uphold the law.

JASONP53:

But I refuse to remain indifferent to governmental agencies who feel they can pick and choose when they want to uphold the law.

Then your option is to hire an attorney and stop debating the issue here.

Use the lawyer search feature to the right, google, or your yellow pages and start making phone calls.

OK - it's wrong. But it is not illegal.

If you want to waste money paying an attorney to file a lawsuit you cannot win, go ahead.

But stop yelling at us when we tell you the truth.

Stop offering advice if you have none.

If I wanted to be antagonised, I could call up the Sheriff's Department.

I came here for help.

And we gave it to you - you just refuse to accept it because it is not the answer you want.

Under the circumstances I suggest you hire a lawyer to tell you what we have already told you. Perhaps then you will believe it.

First, I hope you make a full recovery from your injuries.

Then, please note that your feelings, outrage, is understood and appreciated but ... but it may not be possible to sue the sheriff dept. - and win. Please talk to a personal injury attorney in your area - here is a link to attorneys in your area: http://www.lawyers.com...

Finally, Jason, I have removed your full name and that of anyone else found within your message to adhere to our rules for posting which includes "Please refrain from posting the names or contact information of other individuals or businesses." (accessible from the "rules" link in the right tool bar).

Take care,

Denise

I have seen the negative comments on your profile from other users, and I would prefer you to not reply any more as you have not only been unhelpful, but antagonistic as well.  Just because you dont know of a viable answer does not mean that one does not exist. 

To any other users who may have seen or heard of a situation close to mine, I thank you in advance.

Thank you Denise.  Its a rather specific situation, but the rules are understood.

Jason,

Do remember that agreement is not required for posting. While you may not agree with Lynn's reply, it may indeed be the correct answer.

Actually I *do* know that one does not exist. One of those things I picked up in law school.

First, you have no basis for a claim against the sheriff's department.  They can't be sued by a private citizen for not conducting an investigation to that citizen's satisfaction.  They did not injure you and are not liable to you for your injuries.  The person who hit you is the party responsible.  If you believe the agency is corrupt, then you report that to the state AG.  Second, even if you did have a viable cause, under the NY state tort claims act, you had to file the claim within 90 days of accrual of the cause of action.  That time has expired.

That is why it would be in your best interests to discuss this with a personal injury attorney.  Their fees (I believe) are contingency based.  If you don't have basis for a suit, they don't want you.  If you don't win, they're owed nothing.  You have basis for a suit -- but you have to go after the right person.  The Sherrif's Dept was not the driver.  The attorney will determine who is, or, maybe, as he researches past issues, whom are, the correct people.

JASONP53:

Unfortunately, as stated by our peers on here, attorneys are reluctant to take on a governmental agency because of how sticky it is.

It's not sticky; it's impossible!  You aren't listening because you choose not to hear; government agencies are legally PROTECTED against lawsuits.

So far NO one on the board agrees with you...so consult with an attorney ( though those lawyers on the board, including a DA have responded) and let him explain it to you.