Legal Question in Personal Injury in California
Can I sue an ex-girlfriend for having me intentionally and dishonestly wrongfully arrested? She has told everyone we know that I was stalking her, which is plainly untrue, but has done irreparable harm to my pursuit of my degree as well as to my professional reputation. I wish to sue her for defamation or wrongful arrest, something to take her to account for her lies and the damages she has knowingly inflicted.
2 Answers from Attorneys
In California, there is no private cause of action for filing a false police report. But doing so is a crime. If you can prove your ex knew her report was false when she made it, the D.A. might prosecute her.
The reason we don't let people sue for making false police reports is that, in such a system, other people would be reluctant to make *truthful* reports for fear of being sued. Crimes would often go unreported as a result. The law sees that as a more serious problem. The lesser of two evils is to leave people like you without a remedy.
I'm sorry I can't be more encouraging.
Depending on how the matter occurred, you may have a cause of action for malicious prosecution and/ or false imprisonment. You should consult with an attorney in more detail as there are strict time limitations in things like this.
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