Legal Question in Civil Litigation in California

false citizen arrest ?

There has been an ongoing legal dispute with an equestrian association who manages a facility for the city. In their MOU it states that the facility must be open to the general public. One of the board of directors made a citizen arrest against me for tresspassing 602 (j) pc by telling the police in this city that she had a court order that states that I am not to be on the property. I was never served with this court order and she does not have any type of restraining order. I was only there to help a friend remove her horse from the facility because of vandalizm that was occuring and was concerned for the animal's safety. It was very embarassing to me to be handcuffed and escorted thru the facility and placed in a police car. Should I be able to prove that there was no proof of service and no existing restraining order what are my options to counter sue this person? small claims court ? ask the judge for sanctions? please help


Asked on 4/20/01, 6:51 pm

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

Re: false citizen arrest ?

What was the result of the citizen's arrest? Unless the case is either dismissed or you are found not guilty there is no cause of action for false arrest.

You should contact an attorney and discuss the facts of your case fully. It appears that you may be able to sue for false arrest, defamation etc. However, you need to discuss the facts with an attorney to determine your options.

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Answered on 6/13/01, 7:50 pm


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