Skip to main content

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


  1. Best answer

    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.


  2. 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.

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics