I was arrested under a crafted felony charge ( including blatant lies on the police report). The DA dismissed that charge but 4 days( while I was in custody) later filed misdemeanor charges, of which I was found not guilty and acquitted.
I petitioned the court for a finding of factual innocence under PC 851.8. The petition was granted after an appeal for the original felony charge, but not for the misdemeanor charge. The justification was that these two were separate events.
The statue of limitation has expired for false arrest( 1 year in CA). Is it possible to recover damages under some other cause of action?Actually, I was declared "factually innocent" for a charge I was arrested for. Under PC 851.8 Factual innocence means that there was no reasonable cause for the arrest and the arrest was illegal. In my case there was no probable cause even when the arrest was made, the arrest was illegal right from the beginning.