Legal Question in Personal Injury in California

Re: Compensation for Wrongful Arrest

Thank you for your posting. You may bring a claim under the California Government Tort Claims Act within six months of your injury or loss. The claim then must be accepted or denied by the government agency (i.e., the police department), and if denied, you would then have the right to sue for civil damages.

I hope this helps, and thanks again. Best of luck to you.

Re: Compensation for Wrongful Arrest

I agree with Mr. Miller.

Good luck!

Re: Compensation for Wrongful Arrest

I agree with Mr. Miller. I want to add, though, that the fact you were not prosecuted does not make the arrest wrongful.

A wrongful arrest is one the police made without sufficient justification. Police often make fully justified arrests and then realize either that they got the wrong person or that there is not enough evidence to prosecute. When either of these things happens the arrestee is let go. This does not necessarily mean he has a viable lawsuit against the government. If it did, the police would have a perverse incentive not to release these people and to mount hopeless prosecutions in order to defeat liability later. Worse yet, police departments that had to fear civil liability might not arrest people who really should be arrested.

Re: Compensation for Wrongful Arrest

Yes. But, it would be difficult to find an attorney willing to take the case unless you were physically injured in the process.