Legal Question in Civil Litigation in California

Was woundering of I have a case for malicious proclaimnation. I have been accused of threating a few people with knifes and had a police report of it also. I recently had one of the people tell me the truth and she said she and the other person lied. I have had my repertation ruined as a psycho path who chases people with knifes. I was woundering if I have any basis to sue off of. I was not convicted of the threat crime but I was convicted of a crime that was involed witch was vary adzagerated (a handful of pine neadles on fire cause we were cold and it was in a clearing and wasn't even lit when the police found it) this has hurt me alot and I barly have any friends cause of it. I am woundering if I have a case I could sue for a false police report and emotional distress.


Asked on 1/05/13, 3:58 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Sue for false police report probably not as generally that is a crime. Suing for emotional distress for intentional infliction of emotional distress you would have to prove

That the conduct was outrageous; that the others intended to cause emotional distress;

or

they acted with reckless disregard of the probability that would suffer emotional distress, knowing that was present when the conduct occurred; That you suffered severe emotional distress; and That thier conduct was a substantial factor in causing yoursevere emotional distress...

The threshold for these cases is pretty high...

You may have a cause for a slander/defamation action but that may not be as easy as it sounds. Whether the crime was exaggerated or not there was a conviction. If the conviction has any relationship to the "lies" and "police report" you may face an uphill batlle.

The only way to actually detremine any claim of this nature would be to sit down with an attorney and see. But the result of this may not put you in any better place ... Courts cant really restore the damage that has been done. If your seeling compensation, and they have no funds to get at then in the end you may not have accomplished anything. Discussing this with an attorney and deciding the risks and consequences would be appropriate.

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Answered on 1/05/13, 6:45 pm
Charles Perry Law Offices of Charles R. Perry

The tort of malicious prosecution can be based on the filing of a false police report, provided that all other elements of the tort can be established. The lead case on the subject is Hagberg v. California Federal Bank (2004) 32 Cal.4th 350.

The tort can be very difficult to prove. You must show more than the fact that you were not convicted or prosecuted. I suggest that you meet with a lawyer in your area to see if you can establish the claim.

Best of luck to you.

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Answered on 1/06/13, 12:56 am


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