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Can I sue for false arrest and/or police misconduct?

Bakersfield, CA |

On April 27th, 2011, I showed up at my ex's house to pickup my kids with a court order.
Upon arriving at his residence, his girlfriend initiated a physical altercation to where my ex was holding me, while she was hitting me. When the cops arrived, their neighbor/friend falsely stated that I was the aggressor. Two White cops showed up, my ex's girlfriend is White, and my ex and myself are not White. She had no marks & only I had bruises. The cops did not even ask me what happened, but arrested me right away. I told the officers that I had bruises and I wanted to share my side of the story. They did not take pictures or anything. After I was released, I went to the police station myself so that my story & my bruises could be documented in an addendum. I have absolutely no criminal history.

Attorney Answers 2


Regretfully, federal courts don't require police to fairly investigate all the facts before arresting. The question is "probable cause," and a lie from a witness is just that.

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You don't really have much of a case for false arrest. The police officers were operating under the assumption that you were the aggressor. Now that may be false but the cops didn't know that.

I am more concerned with the fact that you might get charged with a crime. If you do please contact an attorney to help you.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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