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can i sue?

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neil1989

Junior Member
What is the name of your state? CA

Heres the situation.

Myself and Person A were friends for quite some time throughout high school until Person A decided to end the friendship; reason was never given.

Person A then posts comments on my friends Myspace profiles pertaining about me, including racial slurs, sexual harrasment remarks, and annoucments that he wants to fight me.

I disregard these and do not comment back.

A few months later...

I am outside of a store with my friends when I see him parking his car, he gets out of his car and begins to run towards me. I am not sure of his intentions, seeing as how he has stated that he wants to fight, so I PUSH him by extending my 2 arms outward to protect myself.

He falls down, gets up and trys to get in my face, I say that he told me he wanted to fight, he declares he never stated this, so I tell him, get in the store and leave me alone. He goes inside. My friends and myself then leave the store about 10 minutes later. In the car, I get a phone call from a police officer. It appears that Person A had called the police on me and is pressing charges. The police officer told me that it was a misdeamnor battery/assault and if the DA wants to take it up he will. The DA then takes it up, I get a lawyer, costing me about 750$. We show the DA the evidence that Person A posted on myspace and stated that the push was in self-defense. The DA then DISMISSES the case and all charges are dropped against me.


Now heres the question.
Can I take person A to small claims court and try get back the money I spent on the lawyer? Like suing him for lost wages and lawyer/court fees? Since the case was dismissed and the charges were dropped, can I do this, and if so, is there a chance I will win?


Any advise will be helpful. Thanks. :)
 


acmb05

Senior Member
Anybody ?
Any one can sue any one in this day and age. Will you win? Probably not.

Him running towards you was not a threat. Since you pushed him you assaulted him. DA just figured it was a waste of time and resources so decided not to pursue it.
 

tranquility

Senior Member
There is no lawsuit from the reporting of your battery. It was probably dropped by the DA either because he didn't want to waste resources, or because he felt you could legitimately claim self-defense. In neither of those cases would there be a suit. There was probable cause to arrest you, in fact you did commit battery, you just had a defense. (At best.)

However, if you sued him for assault in that he put you in imminent fear of a harmful or offensive touching, you might win. The problem is, what would your damages be? I think the fact that you responded, he reported, and the police came and took you in (from the other private person's arrest) and you got a lawyer attenuates your damages. It would be a difficult argument to say the cost of an attorney were a part of your damages for the assault.

So, I think it is unlikely you would win for the false arrest, but if you did the attorney fees you paid would be compensable. Depending solely on your facts, it is likely you would win for assault, but it is unlikely the attorney fees would be proximately caused by that assault.
 

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