Legal Question in Criminal Law in California

Re: illegaly detained/false imprisonment

No.

What grounds do you think you have for 'civil rights violation'? You don't really think that every person arrested and released without conviction has the grounds to sue, do you?? That system wouldn't last long, would it? Police make mistakes every day. So?? That's all it is, a mistake; for which they have legal 'immunity' from suit like you propose. Your actual 'rights' were protected by the court, as evidenced by the dismissal because of his mistake. Now, if you had proof that he willfully, intentionally, maliciously targeted you for arrest, knowing he was doing it without good cause, doing it to harm you, doing it to 'discriminate' against you because of some protected minority 'victim' category, doing it to get you in jail and beat you, etc., then we can talk about grounds for suit. Such proof is difficult in the best of cases. Your annoyance and speculation is not proof.

Re: illegaly detained/false imprisonment

We do better around here with questions that contain facts. Were you detained by the police? When? Where? By what police department? Why? Why do you think this was illegal or constituted false imprisonment? Do you have criminal charges pending? An upcoming court date? If so, what have you done to secure legal representation?

Re: illegaly detained/false imprisonment

Police officer will rarely be found liable for unlawful detention and/or arrest. To prove civil liability, it would have to be shown that the officer acted with malicious intent to falsely detain without any reason or justification. That is not easy to do. The officer is not likely at all to face criminal liability ever.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com