Legal Question in Legal Ethics in California

I was recently arrested and put jail on a bench warrant for failure to appear in court. I was kept for two days after after the day I was supposed to be released. They dropped all charges against me and kept me over the weekend, stating they "lost the paperwork" needed to release me from jail. I was wondering if there is any legal action I can take, for the emotional and financial distress they have caused me by not doing their jobs. Under other circumstances I would let it all go and move on with my life, but they treated me very poorly for the two extra days I was there. I was put into solitary confinement, (Which I understand they probably did for my own safety and to prevent any serious lawsuits.) where they didn't let me out at all for the first day, leaving the remains of my meals in my cell until the next meal time and denied me even the right to a bible or to attend the church service. (Mind you, I was not considered a danger to myself.) On top of it all, I'm at risk for loosing my job for the extended stay. (Yes, my employer knows the full extent of the situation.) Many people have told me to take legal action, but I was wondering if I even had anything to go on.


Asked on 12/21/10, 2:19 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes, you have a good case for negligence. Be sure and have your lawyer file a claim with the county within six months. There are other legal time limits and special procedures for suing the county. Best of luck.

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Answered on 12/26/10, 8:34 pm


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