it's kind of recursive.
i'm suing for damages relating to arresting me in order to prevent me from suing for damages. had she not had me arrested, i would be in one of those scenarios where i could win a suit, but not be liable for anything - or i'd get $1 or something. being discriminated against isn't necessarily a reason to get an award, i have to prove that the discrimination actually cost me something. but, because she foolishly had me arrested without any sort of cause, it opens her up to liability.
i should be able to file this anyways, sure.
but, i've already made the mistake of putting words to paper without getting the evidence first. it's more of a question of what i end up filing - if i can get the unmodified audio released, i'll be able to insert the smoking gun; if i can't get this audio, i'll need to remove any references to it in what i file.
i don't have much experience at this. so, i'm going to make some mistakes. what's important is that i learn from them, and don't repeat them. and, there's a lesson here - don't rely on the honesty of others to get the data to you, make sure you have the evidence before you start using it.