(Simmons v. Loose)

In a nut shell, the answer is "NO. " Unfortunately many clients come to use as a result of home property damages or an impounded vehicle damaged due to an arrest. The Court has recently upheld our understanding of the law – if it was a legal arrest, or valid search warrant, and there was property damage, you are not entitled to monetary recovery.

In the matter of Simmons v. Loose, the plaintiff’s home was subjected to the state police using a ramming devise to forcibly enter the home, and then deployed flash-bang devises, resulting in over $4000 in property damage. The home owner sued the police. The Appellate Division ruled that an innocent property owner is not entitled to compensation under the New Jersey Tort Claims Act, as well as § 1983 Takings Clause of the US Constitution, when property damage occurs when acted upon a lawful executed search warrant.

If you have any questions regarding these or similar cases, or feel that you have been wrongfully arrested, imprisoned or prosecuted, please call Mark & Galusha, LLC, attorneys who specialize in Police misconduct. Contact us at the "contact us" page, or by calling 908-626-1001 or 973-440-2311.