Legal Question in Civil Litigation in California
A young man hit tried to hit me in the face but hit me very hard in the shoulder instead. In self defense I then hit him twice in the face. He called 911 and said I asaulted him and he made a citizens arrest on me. I went to jail and was released the same night on my own recognizance with no bail. That evening and the next day many of the neighbors who whitnesed the event called the police to make reports. I have never been arrested in my life (63 yrs old) and the D.A. did not file the charges. This happened 6-05-09 and I know the D.A. has a year to file although he is not going to file do to all the whitnesses.
My question: When can I sue him for false arrest and false imprisonment? What are my time limits for doing so? Thank you, Mike
2 Answers from Attorneys
You probably have two years on a 'tort' like this to file against the young man. You have no claim against the PD, DA or govt. Whether it makes sense to sue him depends upon whether you have any likelihood of recovering enough from him to pay the costs and fees of suing. You could do so just to make a point, but might have to 'invest' in the case to do so on 'principle'. If serious about taking legal action, feel free to contact me.
.I agree with Terry you should sue the guy who hit you as you have a weak if any case against the police.
Good luck.
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