Results 1 to 5 of 5

Threaded View

  1. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Quote Quoting News Now Bay Area
    View Post
    Where do I start to file a lawsuit and the amount I'm suing for? The complaint is the structure of the lawsuit but I have no legal assistance to help me formulate the complaint
    Your problem here is that it sounds like your detention was fairly brief, you weren't arrested, charged, or taken to jail, and you suffered no physical injury or financial loss for your interaction with the police. The U.S. Supreme Court has held that when you suffer a violation of your constitutional rights all you can sue for is your actual damages or, if no actual damages, $1 in nominal damages. Federal statute would allow you to recover the legal fees spent in pursuing the action. Similarly the Tom Bane Civil Rights Act allows you to recover your actual damages plus an amount of 3 times your actual damages, plus attorney's fees. So the bottom line here is that under both California and federal law all you can win are your actual damages suffered. Without actual damages, you might get $1. Your lawyers might get awarded their legal fees. You'd still have some expenses of the lawsuit that would not be covered by the award of attorney's fees. And that's if you win, and from your recitation of the facts, I'm not sure there is a clear violation of your civil rights here. In short, I don't see anything worthwhile for you to pursue out this. Even if you win, you'll be out of pocket some money for it. Your lawyers are the only ones who would benefit from it.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Records: California Penal Code 647a
    By AJLF2006 in forum Criminal Records
    Replies: 12
    Last Post: 08-01-2009, 05:40 PM
  2. Assault & Battery: Charged with California Penal Code 243(E)(1) PC
    By NeedAdvice243(E)(1)PC in forum Criminal Charges
    Replies: 2
    Last Post: 03-31-2009, 10:41 PM
  3. Criminal Records: California Penal Code, Sec. 851.8(B)
    By gordo in forum Criminal Records
    Replies: 3
    Last Post: 10-16-2008, 11:25 AM
  4. Initiation of Charges: California Penal Code 803.6
    By leicestersculpt in forum Criminal Procedure
    Replies: 3
    Last Post: 07-08-2008, 03:08 AM
  5. Retail Fraud / Shoplifting: California Penal Code § 484(a)
    By scared76 in forum Criminal Charges
    Replies: 3
    Last Post: 01-07-2007, 10:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources