Can I sue person who had me arrested falsely?

[wisner4x5]

Dupage County Illinois.

Can I sue a man who had me arrested falsely?

Background: A man who was apparently emotionally disturbed confronted me at a dog park four times one day. The last time, he came up behind me and when I turned around it appeared that he was going to strike me so I put my hand on his shoulder to stop him. He had me charged with misdemeanor battery. I went to trial and the man's behavior was even more bizarre in court and I was found not guilty. Can I sue him for my expenses? I am 61 years old and not only did the expenses hurt me financially and cause a lot of stress but I also feel that this man should should pay so that he doesn't continue to do this to other people. But I would first like an opinion as to whether I can sue in Dupage County, Illinois small claims court.

 

[Antigone*]

Dupage County Illinois.

Can I sue a man who had me arrested falsely?

Background: A man who was apparently emotionally disturbed confronted me at a dog park four times one day. The last time, he came up behind me and when I turned around it appeared that he was going to strike me so I put my hand on his shoulder to stop him. He had me charged with misdemeanor battery. I went to trial and the man's behavior was even more bizarre in court and I was found not guilty. Can I sue him for my expenses? I am 61 years old and not only did the expenses hurt me financially and cause a lot of stress but I also feel that this man should should pay so that he doesn't continue to do this to other people. But I would first like an opinion as to whether I can sue in Dupage County, Illinois small claims court.

Battery is unwanted touching. You touched him. There was no false arrest.

 

[Isis1]

I couldn't agree more with antigone. You were not falsely arrested by any means. Look into self defense classes for senior citizens. If it's a good class you will learn what you did was wrong. Just because you were found not guilty, doesn't make what you did right by any means.

 

[BOR]

Dupage County Illinois.

Can I sue a man who had me arrested falsely?

Background: A man who was apparently emotionally disturbed confronted me at a dog park four times one day. The last time, he came up behind me and when I turned around it appeared that he was going to strike me so I put my hand on his shoulder to stop him. He had me charged with misdemeanor battery. I went to trial and the man's behavior was even more bizarre in court and I was found not guilty.

The law generaly permits preventive defense.

IOW, a man is coming at me full force, I can "prevent/preempt" his harm to me by defending myself by throwing the 1st blow if I can not retreat.

The law does not require a person to get assaulted if he perceives a threat before he can act.

IF you have a case it would be for a Tort such as Invasion of Privacy, a civil cause of action from a criminal statute, disorderly conduct etc.

However, such false arrest claim is not out of the realm of possibility if you can prove you acted to preempt his attack. Consult an attorney.

 

[Zigner]

... if you can prove you acted to preempt his attack. Consult an attorney.

And therein lies the rub!

 

[justalayman]

and after it all, the man did not have anybody arrested nor did he arrest anybody. He reported what he perceived to be a crime to the police and the police arrested the OP. As long as the other guy did not lie in his reporting, he did nothing wrong.

 

[BOR]

and after it all, the man did not have anybody arrested nor did he arrest anybody. He reported what he perceived to be a crime to the police and the police arrested the OP. As long as the other guy did not lie in his reporting, he did nothing wrong.

That's true from a criminal standpoint, filing a false police report or such.

The man was described as mentally ill, would would be a huge + if he said he was preventing an attack from a disturbed man.

Civily, an attorney can be consulted for any possible Torts.

I guess although the Q concerned the term "false arrest", it is more no than yes, but of course it is state law tort specific.

 

[justalayman]

and unless the disturbed guy is the long lost child of some royal on royal act of coitus, the chances of him having more than a pot to piss in are extremely slim. As such, a suit would be an effort in futility, demonstrated by the wall banging smiley we seem to be lacking.

 

[BOR]

and unless the disturbed guy is the long lost child of some royal on royal act of coitus, the chances of him having more than a pot to piss in are extremely slim. As such, a suit would be an effort in futility, demonstrated by the wall banging smiley we seem to be lacking.

This is true!!

 

[latigo]

. . . IF you have a case it would be for a Tort such as Invasion of Privacy, a civil cause of action from a criminal statute, disorderly conduct etc. . .

I agree that the OP had the right to use such physical force as he reasonably believed necessary to ward off the apparent threat to his person. But he is not asking about a remedial cause of action for the threatening display per se.

He asks of his rights with respect to what he perceives as a wrongful arrest and prosecution that followed the incident. And such a cause of action would be for the tort of malicious prosecution. Which could be brought in an Illinois small claims court. *

Now, whether he can prove that his physical efforts were excusable as an act in self defense and that the filing of the criminal charges was done with malicious intent - as Zigner says – “therein lies the “rub”.

But ain’t there always some kind of “rub” confounding the “nub”?
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[*] Rule 281. Definition of Small Claim

“For the purpose of the application of Rules 281 through 288, a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs, or for the collection of taxes not in excess of that amount.” (Illinois Rules of Civil Procedure Article II. Part I. Small Claims)