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 Police In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000280
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FAQ
False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
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.
False imprisonment under California law is the “unlawful violation of the personal liberty of another.” The tort of false imprisonment is the non-consensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair.
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
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.
An example of false imprisonment would be forcing an elder or dependent adult into a room and keeping them there through: Threats of harm. Getting them to agree to stay somewhere by lying or deceiving them. Getting them to agree to go somewhere by lying or deceiving them.
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Using the Online Citizen Reporting System allows you to submit a report immediately and print a copy of the report for free. False Imprisonment is the unlawful violation of the personal liberty of another.You have the right to make a complaint against a peace officer for any improper police conduct. 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. For example, contact the Contra Costa Sheriff if the crime happened in an unincorporated area outside of the city limits. As someone who has successfully sued the police I believe I can answer this. Whether or not a peace officer determines "that there is no ground for making a criminal complaint against the person arrested," section 847 (see fn. Department: Sheriff. The Contra Costa County Office of the Sheriff is recruiting to fill Detention Services Worker vacancies.