Would malicious prosecution be grounds for damages in intentional infliction of emotional distress?

Asked over 1 year ago - Walnut Creek, CA

I did not go to trial for false criminal charges, however, I repeatedly had the police called on me for no reason. This person knows that I suffer from anxiety and depression, and directly provoked me into having an anxiety attack, and then tried to insinuate that I was dangerous to her. This happened multiple times. One time I almost got 5150ed. I could not immediately get this person out of my life because they were a roommate/subletter/lodger and I had to get them evicted first. They are even now trying to sue me for unprofessionalism. They also saw another person attack me and sat there and did nothing, and then when the police came, said that I tried to attack him. I have a neutral witness to this.

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . On these facts you are not in the ballpark for IIED, nor for NIED. You also do not have the factual grounds for malicious prosecution claims. The law does not favor inhibitions on rights to call law enforcement and make complaints -- for obvious reasons. The law does not want legitimate complaints, or matters that pose a continuing problem or concern for the public, to go unreported for fear of subsequent legal action for civil liability.

    Your best option is to consult with a local attorney about whether you have sufficient factual basis for applying for a restraining or "no contact" order to enforce complete separation from this person. But no court will issue an order that prohibits calls to the police and reports of suspected unlawful conduct. And if there is present litigation pending (whatever suing for "unprofessionalism" means), then no court will issue an order that supersedes the issues and processes of that current case.

    If you are looking for recompense for past aggravation, anxiety, etc., there is nothing in your factual summary here that is likely to enable a successful legal action. Perhaps there is more to your story. If so, consult with an attorney who can hear all of your details and advise you more fully.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Pius Joseph

    Pro

    Contributor Level 14

    Answered . Cannot figure out your claim or causes of action from these facts. There is no legal cause of action called " unprofessionalism" that you stated in your post.

    There appears to be some bad blood between the parties but I cannot see a case that a lawyer will see viable to collect damages. Even if there is wrongdoing it does not appear there is an actionable claim worth the pursuit.

  3. David J. McCormick

    Contributor Level 20

    Answered . Great advice from Attorney McCall. I would try and get a restraining order against this person and try to get them out of your life.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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