Can My Boyfriend Sue Me for a False Arrest

[confused727]

in california

in august of 2009 my boyfriend and i were moving him i to his new house and while moving the couch that had a hide away bed inside of it, the hide away bed metal frame came out and barely brushed against my arm causing a little barely noticable scratch.

we had been having quite a few arguements the weeks prior to this happening and the argements combined with the couch caused me to call for domestic violence (the next day). i know that i shouldnt have but i did and once i got a hold of the dispatcher i told him the whole story of us moving the belongings inside the home at the time of the "incident" and i was just angry at the moment and there was no reason for anyone to arrive. he stated that it was too late and to just tell the responding officer the story. the officer came and as soon as he got out of the car i told him the truth

he completely twisted my story to not only my boyfriend but in his police report. and i know he twisted the story because when he was talking to my boyfriend he say y did you hit her with the couch today? at that point i yelled to him thats a lie i did not say that this happened to day i said that it was the night prior and that we were movingthe couch inside the house and we had lost control of the couch because it was extremely heavy! his partner said say one more thing and im going to have to arrest you.

both the main officer and his back up partner thought the situation was quite funny and both laughed out loud about it stating "thats what you get!" to me as i was in tears as they arrested him.

the officers both even stated that i could barely see that scratch on ur arm but. but i guess that this is the injury....

the da threw the case out stating that there was no evidence and he should not have been arrested with no evidence.

he was in jail for 4 days and he was supposed to be out on the second day as i was calling every 15 mins and they were getting upset at me. his paperwork was "lost" which caused him to stay the additional 2 days. i was calling the county soo much making sure that he was going to be released and demanding that they find his paperwork. while i was on the phone with the last person i wax begging her to find his paperwork befor the weekend, and while im on the phone with her she finds it with in 20 mins of being on her shift stating that i found his paperwork he was already supposed to be released but someone put his whole file under a stack of files in the commander/or sergents office (that was supposed to be locked, and was when the last laady that helped me) when they know that it shouldnt be and that the sergent was on vacation for the next week! she also stated that if if wasnt for you calling every 5-15 mins we probably havenever found his file.

he was released at 9am the next morning.

every since that day he and i have been together even no. but we do have our arguements.

in feb once he started to tajke a few classes his buddies have been saying oh u need to get that arrest off ur record she ruined u for life (all of his new buddies have mostly been in prison are on probation or parole and have admittedly hit there women. and all do drugs) they have gotten it into his head that the police are now profiling u because of an arrest that there has been no charges bought against him and the da has released the case as having no evidence (this county that doesnt happen much in a DV case)

he said he will sue me for false arrest

i know its possible

but what do u think that chances are of him winning.

9 months together after the arrest, spending each holiday with my family and nothing in our lives changing. spending more time together than ever!

should we do something about the police making up stories and laughing at the situation? they also said that we were intoxicated (drunk) and neither of us drink ever

and the county for deliberately misplacing his papers due to the fact of my excessive calling?

[Mr. Knowitall]

You claim you intentionally lied in order to have him arrested for domestic violence, so it would appear he has a potential claim against you. You sound like you're uncollectable, though, so I can't imagine why a lawyer would take the case - do you even have two pennies you can rub together, let alone a substantial amount of money to pay a verdict?

[cdwjava]

And, of course, you can prove that he was held unlawfully for two days longer than he was supposed to be? If this happened over a weekend, four days would not be outside the realm of possibility.

You will have a significant burden of proof to make a successful lawsuit of it, but, you can speak to an attorney if you feel you have a case against the police. I doubt you will find an attorney to take this, but you can ask around.