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In California, can filing a false police report also be considered false imprisonment?

Los Angeles, CA |

Circumstances: If the victim was seized by police and taken against their will to a mental hospital for an hour. The filer did not succeed. The hospital deemed the police report false and immediately released the victim. The victim considers a lawsuit for false imprisonment, among other and more serious charges. In California, what are the charges she can bring against this filer, and can false imprisonment be one of them? Retaliation for refusal of his sexual advances was the filer's motive.

Attorney Answers 3

  1. There are immunities for making reports to the police, although it is a criminal offense to make a false report on purpose. Are you asking if you can be prosecuted or sued? Prosecuted:yes. PC 148. Sued? Very likely immune for false arrest/imprisonment.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

  2. SHE can not bring any charges against anybody. Only the District Attorney or Attorney General have the power to criminally charge someone. However, she can certainly report the crime to the police and the D.A., who might, then decide to bring charges against the filer. Filing a deliberately false police report is a crime. She could also sue the filer, if not for false imprisonment, then for abuse of process. Consult an attorney.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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