Legal Question in Civil Litigation in California

Suing the Police Department

I was issued a citation arrest by the local PD for, supposedly, violating a court ordered injunction by attempting to move across country. The paperwork that I showed the officer to refute this was clearly an OSC with an injunctive request. It was not an order, it had not been presented to the courts nor was it signed off by a judge. However, she overlooked all of that in sympathy for the complaining party, stopped my move, arrested me and took custody of my daughter from me and gave it to an unidentified voice (to her knowledge) over the phone.

I want to sue for all its worth for the psychological, stress related and financial damages that caused. I'm in the process of filing a claim with the City, but they are requesting ''back-up documentation'' for the damages. How do you document psychological and stress damages? And then what is my next step?


Asked on 8/30/01, 7:16 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Suing the Police Department

Thanks for your email. Psychological and stress damages are generally documented by a licensed therapist, psychologist, or psychiatrist. The doctor will be able to write a report on exactly how related the damages are to the incident, and exactly how much in "stress" therapy you have paid out of pocket, so that you can be reimbursed. You may also want to document, through a diary or other written documentation as recommended by your therapist or doctor, exactly how often and what emotional stress occurs. Once the agency is satisfied that they have all the documentation, they will be in a position to make a decision as to your claim -- that's the "next step" you talked about.

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Answered on 10/01/01, 12:16 am


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