This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With Case Law In California
Category:
State:
Multi-State
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Examples of false imprisonment may include: A person locking another person in a room without their permission. A person grabbing onto another person without their consent, and holding them so that they cannot leave.
After a false arrest, you have several legal options, including: File a lawsuit against an office and their department for injunctions. Make a complaint against the officer. File a lawsuit demanding compensation. File motions to suppress evidence from a false arrest.
A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
Steps to Take If You Are Wrongfully Convicted of a Crime Contact an Experienced Criminal Defense Lawyer. File an Appeal. Investigate New Evidence. Consider Post-Conviction Motions. Seek Support from Justice Organizations. Stay Strong and Never Give Up Hope.
California Penal Code 236 PC describes the crime of false imprisonment as unlawfully depriving another person of their personal liberty. Put simply, it's a crime to detain, restrain, or confine someone without their consent and not allow them to leave when they want.
To prove a prima facie case of false imprisonment, the following elements need demonstration: An act that completely confines a plaintiff within fixed boundaries. An intention to confine. Defendant is responsible for or the cause of the confinement.
To convict you, the prosecution must prove the following elements: That you intentionally restrained, detained, or confined another person; and. The restraint made the victim go or stay somewhere against their will.
More info
People have the right under California law to be protected from bodily restraint. The appeal process is complicated and difficult to navigate.Call our team of California criminal appeals lawyers for a FREE consultation. Find an attorney immediately from a different county than the one you were arrested. Make sure they specialize in police misconduct OR have a lot of guts. CalVCB processes claims from persons seeking compensation as an erroneously convicted felon pursuant to California Penal Code sections 4900 through 4906. The plaintiff in a false imprisonment action must prove that the defendant proximately caused the injuries for which the plaintiff seeks damages. California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. Parties: Identify the plaintiff and defendants in the case. • Statement of Facts: Explain the relevant facts of your case.