URGENTLY NEED CALIF FALSE ARREST ADVICE

[ELEFANTLOVER]

Hi All,

A good friend of mine was recently arrested and jailed in No. California. The basis of the arrest was an unpaid moving violation. Upon research, we learned that SOMEONE received a moving violation, but the officer erroneously wrote my friend's driver's license number on the ticket. He does not recall ever receiving notification of a warrant -- correct or not.

Then, after having his car impounded for unrelated reasons, he learned about the warrant, was instructed to go to the police department and was promptly arrested and jailed for approx. five days.

He has appeared in court twice, with a public defender. My friend supposedly has a copy of the original ticket, with someone's else's name and his driver's license number.

The sentencing has been continued because the D.A. cannot find the ticket at issue -- meaning my friend's ticket (which does not exist). They would not accept the public defender's copy showing the error.

MY QUESTION: I assume this will, at some point, be rectified in my friend's behalf. However, in the interim, he lost his job due to being in jail. He is hesitant to look for another job and further risk his professional reputation should he have to go back to jail. Therefore, he remains unemployed. He is a single father and this situation caused heartache to his small child. So, based upon the above, are there grounds to file suit for (1) false arrest; (2) false imprisonment; (3) malicious prosecution; (4) defamation of character; (5) slander; (6)intentional infliction of emotional distress to both him and his young child?

Thank you kindly for your attention. This is an urgent and disheartening situation.

[email protected]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Let me 'splain:

As to 4, 5, and 6 -- no.


As to malicious prosecution -- officers are immune from this.

As to false imprisonment -- doesn't work here.

As to false arrest ---
836.5. (a) A public officer or employee, when authorized by
ordinance, may arrest a person without a warrant whenever the officer
or employee has reasonable cause to believe that the person to be
arrested has committed a misdemeanor in the presence of the officer
or employee that is a violation of a statute or ordinance that the
officer or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any public officer or employee acting
pursuant to subdivision (a) and within the scope of his or her
authority for false arrest or false imprisonment arising out of any
arrest that is lawful or that the public officer or employee, at the
time of the arrest, had reasonable cause to believe was lawful. No
officer or employee shall be deemed an aggressor or lose his or her
right to self-defense by the use of reasonable force to effect the
arrest, prevent escape, or overcome resistance.
(c) In any case in which a person is arrested pursuant to
subdivision (a) and the person arrested does not demand to be taken
before a magistrate, the public officer or employee making the arrest
shall prepare a written notice to appear and release the person on
his or her promise to appear, as prescribed by Chapter 5C (commencing
with Section 853.5). The provisions of that chapter shall
thereafter apply with reference to any proceeding based upon the
issuance of a written notice to appear pursuant to this authority.
(d) The governing body of a local agency, by ordinance, may
authorize its officers and employees who have the duty to enforce a
statute or ordinance to arrest persons for violations of the statute
or ordinance as provided in subdivision (a).
(e) For purposes of this section, "ordinance" includes an order,
rule, or regulation of any air pollution control district.
(f) For purposes of this section, a "public officer or employee"
includes an officer or employee of a nonprofit transit corporation
wholly owned by a local agency and formed to carry out the purposes
of the local agency.