False Arrest Suit

CA - 4 11 07 the DA, in an office hearing, DID NOT FILE CHARGES, had parties shake and concluded the matter of my arrest on 1 14 07 for Battery (garden hose water). Did this constitute false arrest? May I now sue the neighbor/cop who started the water spraying incident then dissappeared, his wife, whom he directed to call for a "citizen's arrest" of me or the sheriff's deputy and sergeant who made the arrest for FALSE ARREST and attorney's fees? May I sue the watch deputy who refused to citizen's arrest my neighbor/cop who 3 witnesses saw spraying water? How about suing the county?

No, because you weren't falsely arrested.

Johnmelissa said:

CA - 4 11 07 the DA, in an office hearing, DID NOT FILE CHARGES, had parties shake and concluded the matter of my arrest on 1 14 07 for Battery (garden hose water). Did this constitute false arrest? May I now sue the neighbor/cop who started the water spraying incident then dissappeared, his wife, whom he directed to call for a "citizen's arrest" of me or the sheriff's deputy and sergeant who made the arrest for FALSE ARREST and attorney's fees? May I sue the watch deputy who refused to citizen's arrest my neighbor/cop who 3 witnesses saw spraying water? How about suing the county?

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Just because the DA chose not to file charges does not mean that the arrest was not perfectly legal.

Three witnesses say that the neighbor/cop sprayed me with water. I did not spray him with water. I went to the park and came back in my car. The neighbor/cop sprayed me again. After 10 seconds of being drenched with water, I sprayed back in self defense and retreated up my driveway into my garage. The neighbor/cop disappeared, had his wife call the cops and say that I sprayed her son. This was a set up and a lie. The DA knows it and did not file charges. The neighbor knows it and shook my hand at the DA's office hearing. The arresting sheriff's deputy knew it at the time of the arrest because three witnesses told him it was a false citizen's arrest, that we have 7 years of harassment, including assault, documented, 3 formal complaints sustained by the neighbor/cop's employing police department (the arresting deputy had been to my house on a prior call I made because the neighbor/cop had attempted battery on me by throwing a handful of his children's Crayons well into my back yard onto my patio where I had been standing minutes before; the deputy knew he'd tried to hit me with Crayons before; he knew the neighbor/cop's history; this is documented). Additionally, at the time, my wife and, later, I asked the arresting sheriff's deputy to arrest the neighbor/cop because he's the one who sprayed water and then left the scene. The false arrest part is the set up by the neighbor/cop who then disappeared. As an honest "sworn police officer," he should have arrested himself. He should have told the truth that he is the one who committed battery by garden hose water. He set me up, framed me, conspired with his wife and committed perjury. The DA knows that and that is why he refused to file the charges. The arresting officers were immediately told ALL of this and asked to arrest him. They REFUSED to listen to three people telling the truth and he refused my wife's request to make a "citizen's arrest." They were given documentation of the neighbor/cop's being sued by us, his employer sustaining complaints against him, a TRO hearing against the neighbor/cop etc. Did they favor an off-duty cop who is actually a criminal? The arresting deputy SAW NOTHING of the event. He saw me soaking wet. He made a "CITIZEN'S ARREST" based on a conspiracy to implicate me. The neighbor cop staged an event, left the scene and induced his wife and son to play victim. 3 witnessess saw the event with the neighbor/cop spraying me.

The office hearing is an opportunity to resolve the problem.

Most 'neighbor' disputes are referred to a hearing officer to try to get the behavior to stop -- to 'keep the peace' in the future.

There's nothing stopping the Prosecutor from charging you.
Some offenses (when it's obvious people won't stop with their stupid behavior) which were referred to an office hearing are later, prosecuted.


The Prosecutor has one year from the date of the offense to charge you (and/or the other person).

Let it go. Life is too short.
If you can't get along with the yoyo next door, move.
Staying there, under a constant aggressive watch, will make you physically ill.

the neighbor/cop had attempted battery on me by throwing a handful of his children's Crayons well into my back yard onto my patio where I had been standing minutes before

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This may be a first! Yes, a new entry for the record books,,, assault by crayon!
Wouldn't this place whoever was holding the coloring book,,, with the proverbial "smoking gun"?
Of course it could have been much worse,,, so just thank your lucky stars that this silly neighbor in this silly war, didn't have any silly putty,,,, or silly string!

Anyway, I say you're best defense is a good offense. So you should consider arming yourself properly for this ongoing neighborhood conflict! It is obvious you're neighbor is prepared for war and you should be as well. So, I suggest that first thing tomorrow, you head on over to you're nearest Toys “R” Us store and look for a good reliable weapon to get you're licks in with. I don't know how far you can throw an easy bake oven, but they can be a damn good equalizer when you’re clashing with someone who's been known to advance with a fist full of crayons.

If the easy bake is a little too bulky and you need something you can easily conceal,,, look into an Etch-a-Sketch, no one would ever expect you to whip out one of them and doing the unexpected is always to your advantage. Another tactic would be to cordon off you're property line by the strategic placement of stretched out Slinky’s. They should work especially well on tripping him up while he’s focusing his attention towards other areas of battle. Like when he’s trying to escape contact with a flying Etch-a-Sketch.
Just stay away from Duncan yo-yo’s, Legos and whoopie cushions, as he would probably be prepared and possibly even expect an attack with these common household munitions.

You should also get into your neighbors mind, know the way he thinks, as then you will be able to anticipate his next move. For example, since he’s previously unloaded his crayons on you, you should already be aware of and keep an eye out for the incoming coloring book, as it won’t be far behind.

Aside from taking these steps to prepare yourself for the next round of Nickelodeon’s revenge, you’re only other choice would be to do everything in you’re power to put a stop to all this stupidity and avoid being drawn into you’re neighbors silly ass’d adolescent game of tit for tat. But this would mean you’d have to forget about filing a law suit and put a halt on seeking the arrest of every player who you feel has had a hand in wronging you. Basically, it means growing up, acting like an adult and placing yourself above all this crayon nonsense. I mean Jesus H. Christ, have you sat back and read how pathetic all this water squirting, crayon assaulting crap sounds to other adults?

You really need to figure out a way to get past all this childish absurdity for good. Unfortunately, it is obvious from your post, that you’re way of thinking is not going to help steer you in that direction.

But hey, if you have nothing better to do with your time and energy, then I say hop up on your Holly Hobby horse and fire a cork!

outonbail said:

Just stay away from Duncan yo-yo’s, Legos and whoopie cushions, as he would probably be prepared and possibly even expect an attack with these common household munitions.

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Sorry, I gotta disagree with you on this one. The yo-yo the PERFECT weapon. After you smack the neighbor upside the head with it, you can reel it right back in. You won't be leaving any "evidence" of your crime and the weapon is reusable!

ceara19 said:

Sorry, I gotta disagree with you on this one. The yo-yo the PERFECT weapon. After you smack the neighbor upside the head with it, you can reel it right back in. You won't be leaving any "evidence" of your crime and the weapon is reusable!

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Now that I think about it, you're right, I stand corrected.

I'll bet there was a time when you were a real terror in the sand box yourself!

outonbail said:

Now that I think about it, you're right, I stand corrected.

I'll bet there was a time when you were a real terror in the sand box yourself!

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What do you mean WAS?!? I still AM!

You seem to misunderstand the difference between self defense and retaliation.

This was not "false arrest". All because he could have also been arrested and wasn't does NOT make your arrest improper or unlawful. You admitted to committing battery yourself.

Okay, here's what you do, go out and consult three attorneys and ask them if you have a case. If they say you have a case against anyone but ask for money up front - rather than taking the case on contingency - then it means you have a weak claim and you need to get on with your life.

You and your neighbor have some problems. One or both of you needs to grow up.

- Carl

Outonbail, you owe me a new keyboard, and the tea that came out of my nose probably messed up the monitor as well! dang it!

Yes Ceara and outonbail. Are today's winners for funniest posts ever.

1. The DA concluded this matter with all parties in attendance shaking hands and my attorney said, after meeting with the DA then and there, that this was a "done deal." You're saying the DA is going to charge me. Please be clear.

2. I'm not sure if this is a legal or comedic forum. I assure you that the law, police and DA were serious and that I now have an arrest record.

3. I apologize to you if you think my natural reaction to defend myself was inane or, better yet, repulsive "retaliation." What is the difference between self defense and retaliation? Please assume the perspective of one who has had the "neighbor from hell" move in. If your neighbor DRENCHED you with water and was whooping it up with his son and laughing and enjoying himself, what would you do? Maybe some of you don't have the natural trigger of a set of balls. Maybe some of you have your current status solely by way of affirmative action having never been required to juxtapose your physical self against the natural world or prosecuted actual combat to the death, for example. You exist in the realm of the academic as the alligator chomps your arm off. To you it is a faux and mystical concept. Maybe some on this forum don't know what it means to have to pay the price. I didn't see any girls in line to be drafted and I didn't see any in Viet Nam. I see not the female form littering the field at Gettysburg. That must have been nice. Just move into the house that someone else built. But we digress. Please tell me a little bit about reacting to being battered, self defense or maybe temporary insanity generated by an incomprehensible, spontaneous and unprovoked attack by a psychotic neighbor. You all indicate that I should have simply stood there being drenched until he tired and was done. I've called the cops 10 times before and they consistently refuse to do anything about his deliberate harassment, even assault against my wife. Calling the cops was not a viable option. Calling the cops would have been an exercise in futility.

4. I don't know the collective foundation here, but above all else, this neighbor/cop should unequivocally NOT BE A "SWORN POLICE OFFICER." 7 YEARS of harassment and direct attacks are beyond the pale. The Officer Code of Ethics says, "I will keep my private life UNSULLIED as an example to all." Should he be a cop? You castigate the victim. Are you all "sworn police officers" here; or the spouses thereof? Do you mock the law, such as it is, before the court?

5. The neighbor/cop set me up. He entrapped. He sprayed or battered me, disappeared, then called for my (citizen's) arrest. On the part of a "sworn police officer," is that not a conspiracy (wife called police) to implicate another? I have 3 witnesses. The DA has all of the testimony and knows the truth.

I appreciate your feedback. Thank you.