This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With Force In Riverside
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State:
Multi-State
County:
Riverside
Control #:
US-000280
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Word;
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FAQ
California Penal Code 236 PC describes the crime of false imprisonment as unlawfully depriving another person of their personal liberty. Put simply, it's a crime to detain, restrain, or confine someone without their consent and not allow them to leave when they want.
The tort of false imprisonment involves an unlawful restraint on freedom of movement or personal liberty. Therefore, two essential elements to constitute false imprisonment are: Detention or restraint against a person's will, Unlawfulness of the detention or restraint.
Complaint Procedure You should first contact the Sheriff's station where the incident occurred. You may also contact the Sheriff's Professional Standards Bureau to file a complaint.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort.
Elements of the crime intentionally detained, restrained, or confined another person; the restraint made the victim stay or go somewhere for a period of time; victim did not give their consent and was harmed; the conduct was a significant factor in causing victim's harm.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
More info
A false arrest is one way of committing false imprisonment. To prove false arrest, a person must prove three elements.5.1. Filing a complaint. By filing a complaint with the police department, you can demand the officer face repercussions for their false arrest. California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here: Are you suing a public entity? Though mitigation of damages is an affirmative defense, see Instruction ), it is rarely a complete defense. In person; By telephone; In writing; By completing our online Civilian Complaint Report. To have the charge dismissed, a Criminal Defense Attorney may show evidence that you used physical force in a fair and justified manner. To file a complaint against a Riverside Police Department Employee, you can download the complaint form from HERE.