Legal Question in Criminal Law in California

False Arrest

I would like info on statute of limitations, which court, and possible amount asked for damages regarding a false arrest for three felony counts against myself by an ex-spouse. I spent 4days in jail before being released with "no charges filed". This matter is alot more involved than what I have told so far. Please contact me as soon as possible.


Asked on 3/20/99, 1:37 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: False Arrest

The statute of limitations for filing civil lawsuit against your ex-spouse would probably fall under the general 1 year statute of limitations for Tort damages. You may also wish to consider including causes of action for libel or slander. The ex-spouse must have accused you of a criminal act or the police would not have arrested you.

To sue the police for false arrest would require a more in depth investigation into the circumstances of your arrest. The police have a qualified exemption from a false arrest lawsuit. You would have to show that they arrested you even though they knew or should have known that the charges were false. It may be that your ex-spouse signed a warrant for your arrest and made a citizen's arrest. When requested by a citizen to make an arrest the police must comply.

The amount of damages you should request is unknown from the information you provided.

You should immediately contact an attorney experienced in this area of the law.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 4/05/99, 2:22 pm


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