Legal Question in Personal Injury in California
Hello, and thank you for your time & consideration. Two hours ago I went for a walk in CA (Northern) to reach the river which has a pedestrian walking path. Upon exiting my car and walking toward the gate I was (quite literally) threatened by an individual with "this is private property", "get the fuck out of here", "I will have something for you if you ever come back.", the man was twice my size, had two huge mastifs that are my size and I had no clue it was "private property" as I have walked the path many times over and from the entrance I used and have used in the past there is no way anyone could see the "Private Property" sign. Further, this is not some rural road but (I did some research) simply a row of houses each with their own owner. The man claimed it was "his land". Please note I never said anything to this individual other than I was simply looking to take a walk (I maybe said ten words to this individual at most). I left not wanting to deal with any issues as the man clearly was someone to stay away from and about 10 minutes later, while driving, was pulled over by the local PD as they received a report that "someone matching your description was reported to having a gun, threatened someone's life, and was claiming to be a police officer." I was removed from my car by gun yielding PD, cuffed, questioned, car searched, they figured out he was a "goofball" and then had my hand shook and let go. I respect that the police have to take such things seriously as I am a law abiding citizen who has never, ever, had a single issue with law enforcement or any legal issues of any kind. However, I was "detained" by the local PD due to a false claim by someone for no reason as I didn't say anything ridiculous to him by any means. I am a disabled veteran. Do I have any legal remedy against the false claim made by that man? This issue has, quite honestly shaken me as I am not used to taking a walk, especially one I have taken many times over (same route), being threatened for absolutely no reason by an unknown man, respecting his claim that it was his "land" (which it isn't), leaving, and then minutes later being "detained" for something I absolutely was not involved with. The police were not rude, they were not abusive and as they questioned me it was extremely obvious they realized he was a "goofball" but the fact remains (to me at least) that there has to be some remedy. I don't see how a person can file false claims which leads to a United States citizen being detained only to find out the individual was a "goofball". To me, that just doesn't seem correct and after considering the issue as a whole I would be interested in pursuing some form of legal recourse against said individual. I am ignorant to the law so would appreciate any advice, help, or attorney suggestion with this (Bay Area, CA). Again, thank you for your time and consideration.
3 Answers from Attorneys
Fortunately, the police let you go swiftly. Were there witnesses to the confrontation? Do you have the guy's contact information such that he can be sued at all? These are key components of your case... do you have a case? I would say so. The question, though, is what would the damages be... I do think such a case would be worthy of a punitive damage case for an obvious intention to inflict distress on you (and potentially physical injury).
If you have the above info, I'd be more than happy to talk with you further.
Good luck.
This is a case where you'd probably be better off in small claims court, if you want to sue at all. You can sue for Intentional Infliction of Emotional Distress and Abuse of Process. However, your damages aren't that great (hence the recommendation to go to Small Claims Court) and by suing the man, you will be engaging in an adversarial relationship with a mentally disturbed person with anger issues. You won't set him straight by suing him, and your damages aren't that great so you won't get a windfall, even with punitive damages. You may be better off letting it go.
I would not do anything. By taking legal action against this individual you guarantee further contact with him. He seems dangerous and unhinged. Collecting any judgment from him would probably be a very unpleasant adventure as well. Sometimes it is best to look at the big picture.
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