07.06.09:My adult son has been the victim of 2 WRONGFUL ARRESTS in 2008! Would this be a "Personal Injury" case or "Civil" case?
3 attorney answers
It doesn't matter what you call it; if your son has been exonerted on the first charge and, assuming he will be, on the second charge he has two separate causes of action for wrongful arrest and imprisonment. All of your expenses, all of his lost earnings, pain and suffering, loss of freedom, all of it is recoverable. While most of your claims are federal in origin, it is best that you obtain an attorney in your city and state. If you need help finding one, call the California Association for Consumer Advocates or, go to www.lawsuitfinancial.com and click on the attorney referral icon on the website. They will hlep you find an attorney in "your neck of the woods". Good luck to you and your son
The information that I am providing is of a general nature as I do not practice in CA.
A personal injury case is a civil case. I believe you are probably asking if the matter is a civil rights case. Yes, the matter could be pursued under 42 USC 1983, which is a personal injury type of action under a civil rights law.
You should contact a civil rights attorney in the Norwalk, CA area.
A violation of a clearly established constitutional right under color of law gives rise to a Section 1983 civil rights lawsuit. In this situation, you may have a civil rights violation but you should see a lawyer in your locale to fully discuss your situation. The laws that protect citizens against government misconduct are commonly called civil rights laws. False imprisonment and false arrest may or may not be available theories depending on what else was happening. Remember though, just because you prevailed in the criminal trial does not mean you automatically have a civil case.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
You may find help in my Legal Guide "What is a Civil Right?"
Act quickly because such lawsuits have strict time limits, called statutes of limitations.
Good luck to you.
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