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Who would be responsible for an arrest for a charge that community service was performed instead of jail time?

1 Answers. Asked on Mar 28th, 2017 on Civil Rights - Tennessee
More details to this question:
About 3 years ago, I was charged with a misdemeanor. The Judge sentenced me to 45 days in jail. Instead of jail time, I performed 360 hours of community service. I completed the service and was taken off probation. About 2 weeks ago, I was arrested for "failure to report". This was done by a judge from another town, same county. I was held without bond and was arraigned to court in 8 days, still no bond. My family got paperwork from the person that was over the community service. I was seen by the original Judge and he released me and apologized for the paperwork mistake. Do I have a valid case of Wrongful Arrest? This was done in the state of TN and the county of Sullivan.
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Answered on Mar 29th, 2017 at 6:05 PM

My opinion is that you do not have a case for "wrongful arrest". The reason for that is public officials, like the judge,  are performing a public duty/function and have either absolute or qualified immunity. Beyond that, I can only recommend that you consult with an attorney in your area to get his/her opinion.

If you would like to contact me personally by either phone or email, you may do so as follows: Patrick Johnson, Johnson, Scruggs & Barfield, 95 White Bridge Road, S. 508, Nashville, Tennessee, 37205, email: patrickjohnson@jsblaw.com; Cell: 615-646-9417; Office: 615-352-8326

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