Legal Question in Civil Rights Law in California

Clerical Error caused my false imprisonment

The Court clerks office in error issued a bench warrent for my arrest on a traffic citation I satisfied back in 1997.I just spent 2 days in jail, lost 2 days of work, paid $750.00 in bail and have endured an extreme amount of mental anguish, stress and humiliation. The Clerks office said they are sorry for their mistake. I need to know first How can a mistake like this just happen? Second how do I know this will never happen to me again? Third,can I sue for my damages and how do I do it? Thank you.


Asked on 1/15/07, 1:28 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Clerical Error caused my false imprisonment

Yes, you can sue the county for negligence. You need to file a claim within 6 months and sue only after the claim is denied, as it always is. If you file the claim correctly and serve it properly on the county executive, you might even be able to sue in small claims court.

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Answered on 1/18/07, 4:23 pm


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