Written in clear English and with minimal legalese, this work guides the reader through the legal issues involved in bringing legal action due to police misconduct. It explains the legal requirements of false arrest, excessive force, negligence and malicious prosecution causes of action, and contains the legal authority to bring these cases to a successful conclusion. It offers guidance on the critical issues of pretrial discovery, the statute of limitations, choice of federal or state court and filing Notice of Claims. The book then presents a variety of forms that can be adapted to bringing your own case based on police misconduct.
The book guides the reader through:
-The kinds of legal action that can be brought
-The legal requirements of various causes of action
-Choosing a forum (federal or state court) to present the case
-Determining who can be sued
-Preparing a Notice of Claim
-Gathering facts and demanding pretrial discovery
-Drafting a Complaint
The forms cover:
-Client Interview Sheet
-Demand for Discovery
-Notice of Claims
-Late Notice of Claims
-Complaint in State Court for False Arrest, Negligence, and Malicious Prosecution
-Complaint in Federal Court for False Arrest, Excessive Force, and Malicious Prosecution
For more on false arrest and police misconduct see: Police Misconduct: A Practitioner's Guide to Section 1983
C. Elliot Kessler has practiced in the area of criminal law for over 12 years and worked as a research attorney for both the California Supreme Court and California Court of Appeals.