Legal Question in Criminal Law in California

Defamation of character lawsuit

My ex fiance had a criminal case against me because he said i allegedlly commited domestic violence against him when infact he was violent towards me. He lost the case. Now yesterday detectives searched my house and my car and took me to jail because he lied and told them that i pulled a gun out on him on thanksgiving day. But the arresting officer let me go because after spending the night in jail and i was provided a certificate of release which will not be considered an arrest only a detention. Enough is enough. I am tired of my ex making false allegations against me and lying to the police. Can i sue him for defamation of character? And can i also have him arrested for making a false police report against me? Since when can the police arrest you because another person said someone did something without any witnesses, and why was i taken to jail when they did not find any weapon. Can i also sue the arresting police station for having me sent to jail even after they search my house and car and did not find anything? Please advise..


Asked on 12/07/07, 12:38 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Defamation of character lawsuit

Forget about suing the police. You would have a case against them if they acted negligently or in bad faith. It does not seem that is the case here as they have duty to investigate reports of criminal activity. Complaint based on use of a gun is serious business.

That said, it sounds they realized they made a mistake by giving you certificate of release. Whether this could be grounds for a suit that could result in significant damages paid to you? - I doubt it (but then I do not know all the facts of your case).

Yes, you can make a criminal complaint to police for his making a false police report. The police will have a duty to investigate it. However, it is unlikely they will take an action such as arrest absent evidence other than your word.

You are absolutely right - it is unfortunate that the person who files a police report first has a big advantage and enjoys presumption of credibility vis-a-vie person against whom complaint is made.

A civil lawsuit for defamation and possibly other causes of action (infliction of emotional distress, etc.) looks doable. The burden of proof will be on you and in all likelihood you would need some evidence other than your word to prevail. Contact a civil attorney.

Hope this helps.

Jacek Lentz

Los Angeles

310.273.1361

www.jaceklentz.com

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Answered on 12/07/07, 1:03 am
Terry A. Nelson Nelson & Lawless

Re: Defamation of character lawsuit

Suing the police is not an option, they have governmental immunity. Your only realistic option is to seek a restraining order against him as part of a civil suit. Your problem is, having to proof your case, and having to incur the fees and costs involved in getting an attorney who can actually have a chance of winning.

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Answered on 12/07/07, 1:06 pm


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