Legal Question in Civil Rights Law in California

Falsely arrested, Case got dismissed. I want to sue!

Hello, thanks for the opportunity.

At a the County Hospital in my city, a nurse ordered a ''Citizen's Arrest'' against me claiming that I ''Disturbed the Peace,'' CA 415-2 PC. I didn't resist the arrest at all, and promissed since then to see the conspirator and the police officers that arrested me in court.

I was arrested without equal due process, and without an investigation into the tension. I was taken to the county jail, they booked me and found no criminal record in my name, so they had to let me go on my word to be in court. I went to court and pleaded ''Not Guilty'' to the charge, then demanded a Jury trial. On the day of trial I show up with witnesses, the lady who ordered my arrest and the officers never made any effort all along, my case was Dismissed.

I want to sue the lady/hospital for all the damages, embarrasement, and anguish they caused me and violating my essential constitutional rights.

I live in california, what form do I use to file a civil suit against them? what exactly do I sue for when it comes to violating my rights? and how much should I sue for as a compensation?

thank you very much again =)


Asked on 12/22/05, 4:55 am

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

Re: Falsely arrested, Case got dismissed. I want to sue!

Do not attempt to sue them by "filling out a form" unless you want to limit yourself to $7500 by filing in small claims court. This type of case is too complex to handle by yourself. (The small claims court damages limit goes up to $7500 in January 2006, and you don't have to share any award with an attorney, so maybe Small Claims Court is not such a bad idea. Remember to get claim forms from the public entities involved, serve them on the public entities, and wait for your claims to be denied before filing suit. Read the Cal. Government Code starting with section 911.) Since the person who performed the citizens' arrest (if that's what it was) was a county employee, the possible defendants include the nurse, the county, the officers, and the officers' employing agency on various theories including false arrest, malicious prosecution, and violation of civil rights. There are short time deadlines and special claim filing requirements. The attorney you retain should have a demonstrable track record in obtaining civil rights settlements under 42 USC Section 1983. I would recommend that you do -not- retain an attorney whose LawGuru answers merely solicit your business, as that is against the LawGuru terms of service.

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Answered on 12/23/05, 1:56 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Falsely arrested, Case got dismissed. I want to sue!

Depending on the overall facts supporting your claims, you may have tortious causes of action available to you under the circumstances. However, more factual details would need to be given first. Thereafter, depending on the amount of damages (jurisdiction) you are seeking, the court forms, etc..that you are looking for can be better discussed. For a free consultation, contact us directly today.

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Answered on 12/22/05, 3:11 pm


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