Legal Question in Personal Injury in California
False arrest damages law suit
If arrested for conspiracy to commit a crime and you spend 9 days in jail and 10,000 dollars to prove your innocents, who pays the bill. Can you sue the officer for conspiring to arrest you on false charges.
1 Answer from Attorneys
Suit for false arrest
Usually you have to pay for your defense. A suit against the individual officer is a problem, but one that may be surmountable. A suit against the department would be another option.
But it's not enough to say "I wasn't convicted, therefore you have to pay." You need to be able to PROVE that you should never have been arrested in the first place AND that the officers should have known AT THE TIME OF YOUR ARRESR that they were arresting you wrongfully. This is a very tough standard to meet.
You talk about a conspiracy to arrest you on false charges. On what do you base this assertion? Most claims like yours turn out to be meritless, but without more details it's impossible to say whether yours is a case worth pursuing.
Also, a conspiracy has to involve more than one person. Who do you think conspired with the arresting officer?
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