Legal Question in Personal Injury in California

Hi,

I would like to know the strength of my lawsuit. I was arrested by a private person; alleged domestic violence. Later, city attorney rejected further prosecution because the city attorney found no evidence of battery. I want to purse a lawsuit against the private person because she got me falsely arrested. I believe, there was also police misconduct because I was the one who was assaulted and battered. I showed my injuries to the police and they took pictures. She had n't suffered injuries.Regardless, Police determined me as the aggressor and arrested me.


Asked on 8/28/15, 9:06 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

It's a lousy case. To sue someone for false arrest or misuse of process, the charges against you have to have been adjudicated in your favor. It's not enough to show that they didn't prosecute you, they had to have prosecuted you and you had to have been found not only "not guilty" by the jury, the court has to have also found a "finding of factual innocence." Because of these factors, it's an uphill battle at best.

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Answered on 8/31/15, 9:28 am


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