filing small claims due to false imprisonment

[teddychan]

What is the name of your state? California

I believe I have an unusual but legitimate reason to file a small claims suit against a private security company whose employee unlawfully physically detained me against my will for a short period but extremely unpleasant period of time. This was at a public luncheon that I paid to attend, and I was not attempting to do anything illegal whatsoever.

I have researched California civil law and confirmed that what was done to me clearly meets the definition of false imprisonment, AND that false imprisonment can be addressed in California's small claims courts. Although I was not injured, I was embarassed, frustrated and humiliated to the point where my entire day was ruined. Even a couple days later am still constantly thinking about the incident and having trouble sleeping.

I contact the company in question and they brushed me off, refusing to acknowledge any wrongdoing much less honor my request to fire the employee.

My question is, what amount of damages should I ask the court for given that it's impossible for me to quantify a specific financial loss as a result of this incident?What is the name of your state?

 

[Some Random Guy]

Small claims court is for the recouping of small (usually $5000 or less, depending on the state) amounts of actual monetary damages. You are talking about non-economic damages (humiliation, improsonment). This is not a small claims case.

I would suggest talking to a lawyer if you are interested in suiing. He will no doubt ask you how you were permanantly harmed by this incident, since that would be the clearest reason for economic compensation.

If your intention is merely to get the employee fired, then perhaps a strongly worded letter from the lawyer may be enough to cause that to happen.

 

[xylene]

Her lunch was ruined.

That's economic damages.

 

[Just Blue]

What is the name of your state? California

I believe I have an unusual but legitimate reason to file a small claims suit against a private security company whose employee unlawfully physically detained me against my will for a short period but extremely unpleasant period of time. This was at a public luncheon that I paid to attend, and I was not attempting to do anything illegal whatsoever.

I have researched California civil law and confirmed that what was done to me clearly meets the definition of false imprisonment, AND that false imprisonment can be addressed in California's small claims courts. Although I was not injured, I was embarassed, frustrated and humiliated to the point where my entire day was ruined. Even a couple days later am still constantly thinking about the incident and having trouble sleeping.

I contact the company in question and they brushed me off, refusing to acknowledge any wrongdoing much less honor my request to fire the employee.

My question is, what amount of damages should I ask the court for given that it's impossible for me to quantify a specific financial loss as a result of this incident?What is the name of your state?

What reason were you given for the detention?

 

[You Are Guilty]

Ignoring the validity of the claim (for now), the problem with "I was humiliated" as damages is that without actualy, objective evidence of your "mental anguish", you will not get much more than nominal damages, at best. (Reason being anyone can say they have nightmares and mental issues, but that doesn't make it true).

However, if, for example, you saw a shrink as a result of the incident, and can provide those medical records to the court, you may be able to substantiate such a claim. Absent that, your testimony alone will likely get you laughed out of court.

 

[ForFun]

I haven't bothered to research this at all, but I seem to recall that generally speaking, security personnel may lawfully detain people for a short period of time in order to investigate whether a crime occurred. Can anybody verify this? I'm too lazy.

 

[justalayman]

. Although I was not injured, I was embarassed, frustrated and humiliated to the point where my entire day was ruined. Even a couple days later am still constantly thinking about the incident and having trouble sleeping.

QUOTE]

The fact you were falsley imprisoned is itself the reason for the suit. The psych problems and the humiliation would fall under other torts such as intententional (or unintentional) infliction of emotional distress, (possibly) defamation of character, et.al.

Beyond that, I want to hear why you believe you were falsely imprisoned. This is one of those posts that deserve the "there is more to the story" line.