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How or if I can sue the Office of District Attorney for Malicious Prosecution?

Stockton, CA |

I was assaulted with the deadly weapon in my driveway on July 14, 2008 by next door neighbor, whom I have a restraint order. He has friends in high places ie: local cop and DA officers. He was not charged nor questioned. I am suffering from disc injury which it requires surgery to relive pain and blood clot in my lower spine. I have also have collection of blood clot in my brain which I am experiencing seizure. I was charged by the DA, for false police report which I won during jury trial. I had presented audio/video of the assault, and complete medical records and doctor's testimony that the crime was committed.

The same information was submitted to the DA's office prior to being charged and the DA officer told me that the local police department pushing them to charge me. After all he added, " YOU HAVE GONE AFTER ONE OF THEM."

Attorney Answers 2


Firstly, I'm sorry to hear about the incidents you have described. What can you do?

You can bring a suit against the county / district attorney's office for malicious prosecution. However, you should be aware that they have a certain level of immunity for good faith mistakes, and the burden would be on you to prove that it was malicious.

You can bring a suit against the police department if they lied in order to convince the district attorney's office to prosecute you. Again, this is a steep burden because they have a certain amount of immunity that insulates them from innocent mistakes

You can also file a civil suit against the person who assaulted you for battery, in which case you may be able to recover your medical costs and money for pain and suffering.

At this point, I simply don't have enough information to advise you if any of these options would be appropriate, or the cost / benefit analysis for each of the choices. If you would like to discuss this further, please send me an e-mail or call our office, as we give free consultations.

Have a happy holiday


Scot Candell

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I believe I read your prior post which only mentioned a claim against the man who attacked you. I see the situation is much more complex. However, a couple of thoughts occur to me.

First, I would not give up on getting the attacker prosecuted. Unless this person also has strong contacts with the California Attorney General's Office, you could present your facts and evidence to them and see if they will prosecute him.

Second, I believe you mentioned that the attacker was a racist. If there is good evidence that the attack was a hate crime, it may also be a Federal Offense and he could be prosecuted for that in Federal Court.

I am amazed that with a video showing that you were not the attacker, the District Attorney had the nerve to prosecute you. My guess is that they did it in order to discredit you so that you could not sue the attacker, since they seem to be into protecting him. However, they failed when they did not get a conviction.

I would like to talk to you and to your attorney who defended you on the "false police report" charges. I don't much like the smell of how you were treated. If you like, you can check out my web site: for some background on me. Or just call my cell at 415 233-0605.

Brian Dinday

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