Can You sue for false Arrest

CA: Santa Clara District Attorney Domestic Violence Team Getting out of
Control.

This is my story, I was falsely accused of pushing my girl friend and
when she fell she cut her hand on a knife, this was supposed to have
happen in my kitchen. She had gone to the Campbell Police with this
story and made a false report because we were fighting and I had asked
her to move out. This was her way to punish me for throwing her out.
Anyway when the Police came out to my home they interviewed me, they did
not arrest me they just interviewed me and I told them what happen. I
told the Police I was taking a shower when My girl friend came into the
kitchen, and slapped the coffee pot with her hand, and that's how she
cut herself, when the glass pot broke. I told the Police that she cut
her hand on the coffee pot that it is not life threatening and I did not
push her as she was claiming, and the Police Officer asked me where is
the coffee pot, I told him It was in the sink in a bag
and when I got home, that I continued to clean the mess my girl friend
made, and threw the pot in the garbage outside. The Police and I fished
the coffee pot out of the trash with the Officer standing right there,
It was still in the plastic bag that my girlfriend put it in when she
started her clean up earlier that day, before she went down to the
Campbell Police to make her false claim. The Police Officer took the
bag with the coffee pot and left. The Police took the coffee pot to
their lab to test it for blood, which they found my girl friends blood
on it. The Officer who was investigating this told me that he ran this
by his Sargent and said that there is something wrong with my
girlfriends claim, he said this to me at the time of the interview, that
she had claimed she cut herself on a knife, when it looked like a glass
cut. I told the Police Officer that I bought a camera earlier that day
and took pictures of everything just in case my girlfriend and her
grandma kept their threat, that with her grandma pushing her she will go
to the cops and tell them I cut her if I continue to through her out. So
I did not think anything about this I just shine it on like everything
else my girlfriend has pulled or to most men, what women pull when they
are trying to win the fight and have the last word. Now before the
Officer ever told me how my girlfriend claimed what took place, I told
the Officer that I had taken pictures of everything in the kitchen
earlier that day before my girlfriend made her false claim and what she
and her grandma were threatening to do. He said he would like copy's of
the pictures, which I gave him a set the next day after I got them
developed. I told the Officer when I returned home at 11 am to take the
pictures the day she cut herself earlier, to protec myself against false
claim knowing how they both are, my girlfriend was in my kitchen with
her grandmother when I got there, it was about 11am, She had cut herself
at 7am, and like I said before I wanted to take pictures to show how she
trashes my home every time we have a fight, so it would help me get a
restraining order against her. She and her grandma where laughing about
me telling them, I am going to use these pictures and get her kicked out
once and for all. That's when my girlfriends grandma said to her let him
clean up the mess and then said to me why don't we tell the police that
you cut her and get you thrown out and put in jail. There is so much
more to this story, but I'll keep it short. After about a month or so,
after my girlfriend made the false report against me, she went down to
the Campbell Police to tell them what really happened, this was getting
to her conscience. She told them she was drinking that night and that
none of this happened, a matter of fact she told them the truth that in
fact she cut herself on the coffee pot the next morning and that I did
not push her, hurt her back and cut herself on a knife when she fell as
she had claimed. The Police Officer told her he knows that they found
blood on the coffee pot. She had explain to him that she injured herself
at work and has been suing Home Depot for her back injury and that they
have kept her on drugs, (vicadin) dragging this on for almost two years,
that they do not want to pay for her operation, so being in pain, she
has been abusing the drugs they gave her and that she was mixing the
drugs with alcohol that night and just have been flipping out lately
that's why she was being ask to leave her home. She told the Officer
she has entered an alcohol program and has stopped drinking. Now six
month goes by, and my girlfriend and I have got back together, I forgave
her and have applauded her for taking the first step to make herself
well and I am trying to give her support and love, so we put all of this
behind us and moved on.
The Campbell Police officer that was handling the case calls me 6
months later and tell me that he‘s been fighting with the Women who run
the Domestic Violence team at the Santa Clara County District Attorney's
office. And that they just won't listen to reason, He said he has to
arrest me on a Domestic Violence charge even knowing the truth.. Now
this is three or four month after my girlfriend went down and told them
the truth. I could understand them arresting me before they knew the
truth, but not after. This is just to give you a quick Idea on what's
taking place. Please bare with the next part of this story, I've been
e-mailing Attorneys.
Now my question to you being an Attorney Does the DA have the right to
assume someone is guilty even after the so called accuser tells the
truth to the police who is investigating for the D.A.'s office and tells
them that this guy did not do this and they pass it on to the DA.
My feeling on this, is this, and you tell me if I have a case. I would
like to sue the DA office for being lazy and abusing their power against
Men, by (ASSUMING ONE IS GUILTY ) and not properly investigating this
before they cause the innocent Man or Women the hardship of paying
Attorney fee's to fight this false actuation, which could bankrupt
someone who is falsely accused. I have spent so far on this $5,500 with
a lot more yet to come, and I have suffered the pain and humility of
being arrested and I am still being prosecuted for something I did not
do and the Campbell Police know this to be true, a matter of fact they
think it's ridiculous to waste the tax's payers money, the people who
are involved, and the Jury's time, and myself bearing the
financial burden of a frivolous charge just so the Women who run the
Domestic Violence team for the Santa Clara District Attorney office can
score there brownie points for the malicious women's groups. It's about
time the people wake up and see what The Santa
Clara DA's, Domestic Violence team is really up to, by abusing their
power in the Santa Clara County by wasting tax payers money. Its about
the big brownie points instead of people's right's. I think they should
be held reasonable for there actions and stop prosecuting frivolous law
suits especially after the so called victim tell's the police that,
(HEY THIS MAN DID NOT DO IT, AND I LIED)...
What I am looking for is an Attorney who believes in the people's
right's and has the tenacity to sue the DA's Office for wrongful
arrest. I do not expect to win a case like this but with all the
frivolous law suits out there I think this law needs to be upgraded. I
am willing to go to the media & Men's group's to expose what is going on
in the DA's office, just to let other's know not to fall victim to any
woman's false complaint against men in general. And in
closing I do not think a jury would agree that the District Attorney has
the right to pass judgement on ASSUMING a person's guilty just by being
accused. What I am trying to do here is spread the truth, and at the
same time get the Domestic Violence law upgrated. Also I am looking for
an Attorney who does not have to deal with the DA's office in The Santa
Clara Valley. I think the guilty should be punished, please do not get
me wrong, I think Domestic Violence offenders should be held accountable
for their actions, however I do not think someone should suffer the
indecency of being falsely arrested & prosecuted when their accuser or
accuser's come forward and tell's the truth. If you men out there are tired of being rail roaded by the frivolous prosicution, I want to here from you. [email protected]

Ijoe7 said:

CA: Santa Clara District Attorney Domestic Violence Team Getting out of
Control.

This is my story, I was falsely accused of pushing my girl friend and
when she fell she cut her hand on a knife, this was supposed to have
happen in my kitchen. She had gone to the Campbell Police with this
story and made a false report because we were fighting and I had asked
her to move out. This was her way to punish me for throwing her out.
Anyway when the Police came out to my home they interviewed me, they did
not arrest me they just interviewed me and I told them what happen. I
told the Police I was taking a shower when My girl friend came into the
kitchen, and slapped the coffee pot with her hand, and that's how she
cut herself, when the glass pot broke. I told the Police that she cut
her hand on the coffee pot that it is not life threatening and I did not
push her as she was claiming, and the Police Officer asked me where is
the coffee pot, I told him It was in the sink in a bag
and when I got home, that I continued to clean the mess my girl friend
made, and threw the pot in the garbage outside. The Police and I fished
the coffee pot out of the trash with the Officer standing right there,
It was still in the plastic bag that my girlfriend put it in when she
started her clean up earlier that day, before she went down to the
Campbell Police to make her false claim. The Police Officer took the
bag with the coffee pot and left. The Police took the coffee pot to
their lab to test it for blood, which they found my girl friends blood
on it. The Officer who was investigating this told me that he ran this
by his Sargent and said that there is something wrong with my
girlfriends claim, he said this to me at the time of the interview, that
she had claimed she cut herself on a knife, when it looked like a glass
cut. I told the Police Officer that I bought a camera earlier that day
and took pictures of everything just in case my girlfriend and her
grandma kept their threat, that with her grandma pushing her she will go
to the cops and tell them I cut her if I continue to through her out. So
I did not think anything about this I just shine it on like everything
else my girlfriend has pulled or to most men, what women pull when they
are trying to win the fight and have the last word. Now before the
Officer ever told me how my girlfriend claimed what took place, I told
the Officer that I had taken pictures of everything in the kitchen
earlier that day before my girlfriend made her false claim and what she
and her grandma were threatening to do. He said he would like copy's of
the pictures, which I gave him a set the next day after I got them
developed. I told the Officer when I returned home at 11 am to take the
pictures the day she cut herself earlier, to protec myself against false
claim knowing how they both are, my girlfriend was in my kitchen with
her grandmother when I got there, it was about 11am, She had cut herself
at 7am, and like I said before I wanted to take pictures to show how she
trashes my home every time we have a fight, so it would help me get a
restraining order against her. She and her grandma where laughing about
me telling them, I am going to use these pictures and get her kicked out
once and for all. That's when my girlfriends grandma said to her let him
clean up the mess and then said to me why don't we tell the police that
you cut her and get you thrown out and put in jail. There is so much
more to this story, but I'll keep it short. After about a month or so,
after my girlfriend made the false report against me, she went down to
the Campbell Police to tell them what really happened, this was getting
to her conscience. She told them she was drinking that night and that
none of this happened, a matter of fact she told them the truth that in
fact she cut herself on the coffee pot the next morning and that I did
not push her, hurt her back and cut herself on a knife when she fell as
she had claimed. The Police Officer told her he knows that they found
blood on the coffee pot. She had explain to him that she injured herself
at work and has been suing Home Depot for her back injury and that they
have kept her on drugs, (vicadin) dragging this on for almost two years,
that they do not want to pay for her operation, so being in pain, she
has been abusing the drugs they gave her and that she was mixing the
drugs with alcohol that night and just have been flipping out lately
that's why she was being ask to leave her home. She told the Officer
she has entered an alcohol program and has stopped drinking. Now six
month goes by, and my girlfriend and I have got back together, I forgave
her and have applauded her for taking the first step to make herself
well and I am trying to give her support and love, so we put all of this
behind us and moved on.
The Campbell Police officer that was handling the case calls me 6
months later and tell me that he‘s been fighting with the Women who run
the Domestic Violence team at the Santa Clara County District Attorney's
office. And that they just won't listen to reason, He said he has to
arrest me on a Domestic Violence charge even knowing the truth.. Now
this is three or four month after my girlfriend went down and told them
the truth. I could understand them arresting me before they knew the
truth, but not after. This is just to give you a quick Idea on what's
taking place. Please bare with the next part of this story, I've been
e-mailing Attorneys.
Now my question to you being an Attorney Does the DA have the right to
assume someone is guilty even after the so called accuser tells the
truth to the police who is investigating for the D.A.'s office and tells
them that this guy did not do this and they pass it on to the DA.
My feeling on this, is this, and you tell me if I have a case. I would
like to sue the DA office for being lazy and abusing their power against
Men, by (ASSUMING ONE IS GUILTY ) and not properly investigating this
before they cause the innocent Man or Women the hardship of paying
Attorney fee's to fight this false actuation, which could bankrupt
someone who is falsely accused. I have spent so far on this $5,500 with
a lot more yet to come, and I have suffered the pain and humility of
being arrested and I am still being prosecuted for something I did not
do and the Campbell Police know this to be true, a matter of fact they
think it's ridiculous to waste the tax's payers money, the people who
are involved, and the Jury's time, and myself bearing the
financial burden of a frivolous charge just so the Women who run the
Domestic Violence team for the Santa Clara District Attorney office can
score there brownie points for the malicious women's groups. It's about
time the people wake up and see what The Santa
Clara DA's, Domestic Violence team is really up to, by abusing their
power in the Santa Clara County by wasting tax payers money. Its about
the big brownie points instead of people's right's. I think they should
be held reasonable for there actions and stop prosecuting frivolous law
suits especially after the so called victim tell's the police that,
(HEY THIS MAN DID NOT DO IT, AND I LIED)...
What I am looking for is an Attorney who believes in the people's
right's and has the tenacity to sue the DA's Office for wrongful
arrest. I do not expect to win a case like this but with all the
frivolous law suits out there I think this law needs to be upgraded. I
am willing to go to the media & Men's group's to expose what is going on
in the DA's office, just to let other's know not to fall victim to any
woman's false complaint against men in general. And in
closing I do not think a jury would agree that the District Attorney has
the right to pass judgement on ASSUMING a person's guilty just by being
accused. What I am trying to do here is spread the truth, and at the
same time get the Domestic Violence law upgrated. Also I am looking for
an Attorney who does not have to deal with the DA's office in The Santa
Clara Valley. I think the guilty should be punished, please do not get
me wrong, I think Domestic Violence offenders should be held accountable
for their actions, however I do not think someone should suffer the
indecency of being falsely arrested & prosecuted when their accuser or
accuser's come forward and tell's the truth. If you men out there are tired of being rail roaded by the frivolous prosicution, I want to here from you. [email protected]

Click to expand...

I have had this post in here for almost a week. Isn't there any men out there that feel that this sort of thing ought to stop. I read a quote from the Wastington Post on D.V They said that there are more Women doing the DV than Men. Here is the web page: http://www.vix.com/pub/men/battery/clippings

I don't know if you can sue the state for the false arrest. but I do think that such a case should have been thrown out from the court in first place.

I am a little surprised that women who runs the domestic violence was involved in this after the police had found you to be inocent of this.usually they were involved in the case when a abused victim goes to domestic violence center to enlist the help from them before the police comes and arrest you.sounds like your girlfriend and her grandmother had made good on their promises in seeing you in jail and out of your home.It may be her tactics to make it effective.none of that makes sense. you see, I don't think d.v. center would actually asked a police officer to go out to your place to arrest you 6 months after the intial conversation and found you to be innocent of domestic violence that never really happended in first place.it only could be done right away , immediately along with order of protection, not 6 months later.

I think the person you should really sue is your ex girlfriend (or if that is still your girlfriend ) because she had initated that process in first place.

I am a victim of d.v. and the police here had arrested my husband and d.a. proscuted him. during that time, I had filed the restraining order agianst him, ( all within 2 days of my inital complaints)He pled guilty of this then he was court ordered to go to anger management in abusive men couseling for 6 mos.since that time, he came back to me and had not once in 3 yrs hit me agian and we both have better realationship since.
I hope I helped you with this.

Life isn't fair. I feel for you just as much as anyone else, but then, I'm not a man. Does that rule me out of your cause? I din't read the whole post because it was difficult to read i.e. no paragraph breaks. Perhaps that is the reason you got so few responses!


hm

I'm having similar troubles with Santa Clara County.

I was falsely arrested after my girlfriend attacked me in our apartment when I flipped her off for getting mad at me for wanting to rest on the couch from a hard days work with really bad allergies. She had been drinking and I had questioned her about some text messages on her phone from a guy friend at her work, so she was already in a pissy mood beforehand. She asked me in a really bitchy voice not to sleep on the couch and that sorta pissed me off a little because I was just starting to feel better from the resting position I was in, so I flipped her off.

Next thing I know, she raced towards me, grabbed me by my belt and started pulling me off the couch and onto the floor. I got up and walked into the bedroom to lay down on the bed and she comes running in while yelling really loud for me to leave. I just stayed on the bed, ignored her.

Then she starts grabbing my stuff and putting it outside in the hallway of the apartment, like acoustic guitars not in their case on a hard cement floor that can scratch them up easily. Then my customers amps that I was in the middle of servicing... That didn't sit well with me so I told her I was going to call the police but she pulled the main phone from the plug so the wireless handset wouldn't work!

I went back to the couch and she was saying "no, get out of here" and pulled me off the couch again so I went back to the bed and then she jumped on me and started trying to pull me off the bed, so I got up and ran to the bathroom to lock myself in. I didn't even get a chance to lock the door and she was already forcing her way in and trying to grab me. She managed to slide herself in enough to start yelling and grabbing me again so I got up and went back and forth between the bedroom and living room a few times with her trying to force me out.

This went on for a couple more times and then it got to the point where she was pulling my hair and getting physical and I got into a bad position on the bed where I couldn't breathe in the sheets. I yelled for her to stop and get off of me and then she put her hand over my face and I was forced to bite her hand (not to the point of breaking the skin, just hard enough to let her know to stop it right away) and then that pissed her off so she bit my arm extremely hard to the point where I was bleeding.

I managed to push her away from me with my legs and run back to the living room but she just ran after me back to the couch and then she started hitting me and trying to mess up my face. She scratched me pretty bad near my eye so I tried to pin her against the couch with my foot so she couldn't hurt me anymore, unfortunately the only way I could pin her against the couch for her to stop hitting me was with my foot against her crotch area while pushing her towards the other side of the couch. I know, that is horrible place to pin someone away from you, but it was the only way I could keep her legs from kicking me and her arms away from hitting my head.

She then starts attacking my leg and I said if you don't stop it right now that I am going to kick you off of me. She didn't listen so I finally had enough of the abuse and kicked her in the chest. It wasn't super hard, but it was enough to knock the wind out of her. I was able to get away from her and run to the bedroom where I got to feel like massive **** about myself for kicking a girl, I heard her crying in the other room and at that point I was mentally distressed way beyond what I was able to handle and I started to have a nervous break down.

She got up after she caught her breath again and came back to the bedroom to start harassing me again on the bed. At that point I just gave up and started crying while asking her to please just leave me alone and she finally let up and let me be in peace back on the couch.

I didn't want to leave the house because I didn't want her to start destroying all of my property and my customer's property. Just one month before she attacked me and started throwing my stuff outside so I wanted to stay and protect it because I have the right to. I was also in a bad situation with no car and no where else to go to calm down and come back to get my stuff out the next day. It was almost 3am and I wasn't about to go sit out in the cold while she breaks expensive irreplaceable stuff.

Fortunately I got video of her assaulting me after she had scratched my arm really bad in the fight I mentioned happening 1 month prior. I hid a camera in the living room after she had scratched my arm really bad to the point where it was bleeding. My friend Carrie showed up and I showed her the scratch so I have a witness to that. The video shows my gf pushing me around and throwing me to the floor while I was trying to pack my stuff to leave. We ended up making up after that one because it turns out she misunderstood what I meant when I told her my friend Carrie was coming over to pick up her guitar that I had repaired for her. I guess she thought I said she was coming over to spend the night, which is just retarded and typical of an emotional irrational idiot, IMHO.

So anyways, back to the story. The cops showed up and she didn't want to open the door so I told her to just let them in and she finally did. Standard procedure from there on. They questioned her, questioned me and I guess she lied and said that I wasn't paying rent and that my name wasn't on the lease and that she wanted them to make me leave. She said I was the aggressor and that I did a bunch of things to her that I didn't. I told them that most of her marks were self inflicted and that I bit her hand and kicked her chest in self defense. I guess that was enough for them to cuff me and take me in.

I spent 4 days in jail with no bail option and finally got a hearing to see the judge where they reduced my charges from felony DV to misdemeanor DV and disturbing the peace.

I bailed out and went back to the pre-trial hearing where the D.A. made a deal to drop the charges to misdemeanor disturbing the peace. I gave them a copy of the video of her assaulting me the month before (funny how it was exactly 1 month before at the same time of night with her drinking beforehand).

She didn't press any charges or anything which was nice of her.

They said they needed more time to review the evidence so I've had to go back two more times for them to tell me to come back later because they had too many cases that day and didn't have time for mine.

Now I feel as if they don't really give a crap about me and I have no money for a lawyer for a decent legal defense. The public defender told me that she hasn't even had time to investigate the evidence I gave her or to talk to the D.A. yet to show her the video.

The public defender told me that these cases rarely get dropped and there's a good chance that I will lose if it goes to trial and that most times it's better to take the reduced charges. I was like umm, yeah, I don't think so...

I plead not guilty and if they don't drop them on my next court date, I am taking this to trial for sure.

What I want to know is, why do they automatically take the guy to jail in domestic disputes and when did it become a crime for a guy to defend himself from being attacked by his crazy girlfriend? I mean, for Christ's sake...

She ended up apologizing to me later on and told me that she had been on some pills that were making her crazy when mixed with her birth control regiment. After two months of being clean and off of both, she came to her senses again and was the loving caring person I fell in love with. How awesome is life? We've been best friends and closer than ever since overcoming this whole ordeal, but I've still got some legal crap and a $1500 bond to recover from before I'm out of this mess.

Not to mention that my business almost went under because of this and I was pretty much forced to move back home with my parents until the case is closed as most of my money went to getting my stuff moved out of the apartment and the bond paid.

You cannot sue them for false arrest. You should expect their apathetic response to your dilemma. You should have enough sense to get away from a situation that has the potential to result in a danger to yourself. Had you moved out, after the first time, you would not have put yourself into the position you are now in.

Did anyone notice that the original thread is 10 years old?!?!?!

10-1/2 years old...but still not quite a record for necro-jacking. (Yeah, I just made that up )

I was responding to xenrelic the necro-jacker,

Zigner said:

10-1/2 years old...but still not quite a record for necro-jacking. (Yeah, I just made that up )

Click to expand...

Yeah, but look on the bright side. The new OP must have actually used the search function of the site to dig up that old thread. So at least there's ONE person who knows how to search.

mistoffolees said:

Yeah, but look on the bright side. The new OP must have actually used the search function of the site to dig up that old thread. So at least there's ONE person who knows how to search.

Click to expand...

I bet it comes up in Google.

xenrelic said:

I was falsely arrested after my girlfriend attacked me in our apartment when I flipped her off for getting mad at me for wanting to rest on the couch from a hard days work with really bad allergies.

Click to expand...

I doubt you were "falsely" arrested ... at least so far as it goes from e legal perspective.

An arrest requires only probable cause to believe that a crime has occurred and that the person arrested has committed the crime. based upon the statements the officers received from you and your girlfriend, from the caller, and the condition of the apartment, the officers concluded that you were the primary aggressor. The law does not require that they be absolutely correct, only that there exists articulable probable cause to support the arrest. Odds are that P.C. exists.

What I want to know is, why do they automatically take the guy to jail

Click to expand...

They don't. They tend to take the party deemed to be the primary aggressor - the one who was most at fault for the situation. Usually that is the guy.

It is possible that if you stick to your guns the matter will be dropped rather that go to trial. But, different counties have different policies in these matters.

And if you wish to carry on this discussion, please start your own thread.