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YES. Under Common Law you can sue for damages due to malicious prosecution.

You can sue for damages, provided you can prove that there were damages, but law enforcement and courts are not responsible for any "damage" they do if they were operating within the confines of the law. In other words, if the justice system had a legal right to do whatever they did AT THE TIME THEY DID IT (ie: when you were still implicated, before you were cleared), you don't have a leg to stand on.

As an example: If the police came and tore up your couches, you cannot sue to replace them unless they...

A) didn't have a warrant at all

B) the warrant did not permit them to search there (they can't search for a stolen TV in your couch because it could not be there)

C) the warrant was improperly granted, with insufficient evidence to establish probable cause

D) the police misconducted themselves in some other way (insufficient evidence for a stop or reasonable suspicion, abuse, denying medical care, arrest without reading Miranda Rights, etc....)

I don't know what your situation is, but if you got fired for being suspected of something, you could possibly get a letter from a court official stating you were cleared, but it won't necessarily require your employer to hire you back. Furthermore if the contract with your employer was "at will" (and it probably was) then there's literally nothing you can do - they're allowed to fire you because they don't like your face, or just because they feel like it.

You'll have to look at the specific laws in the jurisdiction that tried you.

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13y ago

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