What is the name of your state? Illinois
Hi, I am currently representing myself, pro se, in a false arrest/ false imprisonment lawsuit. I was arrested for trespassing on a warrantless arrest signed by a private citizen. I was in a legally parked car on a public street when a cloud of demolition debris engulfed me.The debris was being dumped from interior work on a nearby building. I left my vehicle parked and I walked to a nearby office to conduct some business. When I returned about a half hour later I called the police because workers from the demolition crew washed my parked vehicle off without my permission. Two of the workers lied to the police as a way to cover their negligence by saying I was on the private property and I was arrested. The police officer never asked me anything. He just told me that I was under arrest for trespassing. The criminal charges were dismissed (nolle prossed) on the day of the trial. I'm not sure why but I think the two supposed witnesses did not show.
I then commenced a false arrest/false imprisonment suit against a third party (he was the project manager) who's name appeared on the signature line of the "non-traffic arrest ticket". During the deposition of this person I discovered that this person did not sign his name on the signature line. He said he did not give anyone permission to sign his name and that he did not know who signed his name. This person also admitted that he never saw me on the private property. He did admit to procuring the arrest. I then deposed the arresting police officer and he admitted that he signed the other persons name. He said he did this because he did not have "non-traffic arrest tickets" with him at the time. The way I understand it, this signature is a sworn statement and acts as the main instrument of a criminal prosecution. In other words if there is no signature then there cannot be a prosecution. The best case law I found on forged signatures is David Haywood v. City of Chicago which was just decided in August of 2004.
Should I enjoin the police officer into the lawsuit? Anyone have advice on how to best proceed? I'm in circuit court, not U.S. court. Thanks.
Hi, I am currently representing myself, pro se, in a false arrest/ false imprisonment lawsuit. I was arrested for trespassing on a warrantless arrest signed by a private citizen. I was in a legally parked car on a public street when a cloud of demolition debris engulfed me.The debris was being dumped from interior work on a nearby building. I left my vehicle parked and I walked to a nearby office to conduct some business. When I returned about a half hour later I called the police because workers from the demolition crew washed my parked vehicle off without my permission. Two of the workers lied to the police as a way to cover their negligence by saying I was on the private property and I was arrested. The police officer never asked me anything. He just told me that I was under arrest for trespassing. The criminal charges were dismissed (nolle prossed) on the day of the trial. I'm not sure why but I think the two supposed witnesses did not show.
I then commenced a false arrest/false imprisonment suit against a third party (he was the project manager) who's name appeared on the signature line of the "non-traffic arrest ticket". During the deposition of this person I discovered that this person did not sign his name on the signature line. He said he did not give anyone permission to sign his name and that he did not know who signed his name. This person also admitted that he never saw me on the private property. He did admit to procuring the arrest. I then deposed the arresting police officer and he admitted that he signed the other persons name. He said he did this because he did not have "non-traffic arrest tickets" with him at the time. The way I understand it, this signature is a sworn statement and acts as the main instrument of a criminal prosecution. In other words if there is no signature then there cannot be a prosecution. The best case law I found on forged signatures is David Haywood v. City of Chicago which was just decided in August of 2004.
Should I enjoin the police officer into the lawsuit? Anyone have advice on how to best proceed? I'm in circuit court, not U.S. court. Thanks.
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