Towing Issues: State Cop did not see resident sticker, issued ticket, car was towed, state police department, small claims court


Question
On June 18, 2007 my car was towed from outside my apartment complex in Boston, MA.  The reason for the tow was that the car had no resident parking sticker and was parked in a resident sticker parking only area.  The only problem with that is I DO have a resident sticker, which was and is clearly visible on the right front passenger side window (one of the acceptable locations for sticker placement as described in the document I received when I was issued the permit).

So, I fought the ticket and it was dismissed.  I was told to contact the state police department to see about getting reimbursed for the wrongful tow as the ticket was issued by a state trooper.  I sent all of my documentation, the ticket, the photos, a letter explaining what happened.  This dragged on for months.  

I just received a letter yesterday from the paralegal clerk at the state police department.  She wrote to inform me that according to Mass General Law Chapter 258, the police showed no negligence and therefore, are not liable for my damages.  How is this possible?

Answer
while this is kind of my area of expertise and it also is not really my expertise, I do know that law enforcement agencies by law in some areas do enjoy the "not responsible" kind of protection under certain laws...

Now since the court overturned or dismissed the ticket then it does sound to me that they did it wrong, but as to getting the state to repay any fees - damages I would imagine that you would actually have to go to either regular or small claims court..

Just because they more or less "failed to properly inspect" the vehicle and all that other "LEGAL" stuff it does not mean that they where wrong but then they are also not properly doing the right things...

If you wanted to continue on this, I think small claims court would be the route to go, but I do kind of believe that a court might rule in favor of the state on this one... I am not a lawyer and really do not understand all the "BS" that applies, but it can get real confusing I know...

I know there are a few "legal" expert boards on All Experts, maybe you can run it by them as they would have a better grasp of the legal issue here...

Hope this helped a bit, but its over my head really due to the legal issues.