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Sample Notice of Claims - Chapter 15 - False Arrest and Police Misconduct

 
Price:
$40.00
Author: C. Elliot Kessler
Page Count: 36
Published: 2002
Media Desc: PDF from "False Arrest and Police Misconduct"
File Size: 174KB
Qty:
 
 
Description

Originally from: 
False Arrest and Police Misconduct - PDF


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Sample Notice of Claims

C. Elliot Kessler

FORM 1

NOTICE OF CLAIM FOR FALSE ARREST

In the Matter of the Claim of

VICTOR VICTIM
-against-
THE CITY OF [NAME OF MUNICIPALITY]

To: Comptroller of the City of [NAME OF
MUNICIPALITY],

       PLEASE TAKE NOTICE that VICTOR VICTIM
whose post office address is [CLAIMANT’S ADDRESS]
and whose attorneys are

[ATTORNEY’S NAME AND ADDRESS] make the
following claim:

1. Nature of Claims:
 
       False Arrest, Assault and Battery, Violation of Civil
Rights, Negligence in the hiring and retaining of
incompetent and unfit policemen, negligence in the training
and instruction of its police officers, and negligence in the
performance of its police officers.
Table of Contents
PART ONE
PRELIMINARY CONSIDERATIONS
 
 
1. False Arrest
 
2. Excessive Force
 
3. Assault and Battery
 
4. Negligence
 
5. Malicious Prosecution
 
6. Indifference to Medical Needs
 
7. Conspiracy to Violate Civil Right
 
8. Invasion of Privacy
 
9. Verbal Abuse and Harassment
 
 
A. Common Law Tort Action
 
B. Federal Rights Action
 
1. Background
 
2. Advantage to Bringing a Civil Rights Action
 
3. Special Requirements for Bringing a Federal Civil Rights Action
 
a. Violation of a Constitutional Right or Federal Law
 
b. Conduct Under Color of State Law
 
 
A. Legal Considerations
 
1. No Jurisdiction in Federal Court
 
2. Government Immunity
 
B. Practical Considerations
 
1. The Judge
 
2. The Jury
 
3. Jury Selection
 
4. Unanimous Verdicts
 
5. Special Courts
 
6. Discovery
 
7. Time to Get to Trial
 
 
A. Individual Officers
 
B. Supervisors
 
C. Municipalities
 
D. States
 
E. Federal Government
 
 
A. Overview
 
B. Tips on Drafting the Notice of Claim
 
1. In General
 
2. Special Consideration in False Arrest Cases
 
C. Late Notice of Claims
 
 
A. In General
 
B. When Does the Statute Begins to Run?
 
C. Tolling of the Statute of Limitations
 
 
PART TWO
BEGINING THE CASE
 
A. Getting Medical Assistance
 
B. Recreating the Events
 
C. Available Reports
 
D. Witnesses
 
E. Client Interview
 
F. Should I Take the Case? Client Interview Form
 
 
A. In General
 
B. Setting Forth the Facts
 
C. Special Allegations in False Imprisonment Cases
 
D. Special Allegations in Malicious Prosecution Cases
 
E. Pleading Damages
 
1. Compensatory Damages
 
2. Punitive Damages
 
 
A. General Principles of Discovery
 
B. Interrogatories versus Examination Before Trial
 
C. Discovery Request Checklist Preparing the client for Deposition
 
 
PART THREE
CAUSES OF ACTION
 
A. Elements of a False Arrest Claim
 
1. Intent to Confine
 
2. Consciousness of Confinement
 
3. Lack of consent to the Confinement
 
4. No Privilege to Confine
 
a. In General
 
b. Arrests Pursuant to An Arrest Warrant
 
c. Arrests Without a Warrant
 
d. Other Types of Confinement
 
 
 
1. Duty to Use Reasonable Care
 
2. Breach of Duty
 
3. Proximate Cause
 
 
A. Elements
 
B. Commencement or Continuation of a Proceeding
 
C. Favorable Termination of the Proceedings
 
D. Lack of Probable Cause Malice
 
 
PART FOUR
FORMS 
 
FORM 1: Notice of Claim for False Arrest
 
FORM 2: Notice of Claim for Malicious Prosecution
 
FORM 3: Notice of Claim for False Arrest and Malicious Prosecution Case
 
FORM 4: Leave to File Late Notice of Claim for Malicious Prosecution After Serving Timely Notice of Claim for False Arrest
 
FORM 5: Petition for Leave to File Late Notice of Claim for False Arrest and Malicious Prosecution After Favorable Termination of Criminal Charges
 
 
FORM 6: Discovery Demand
 
FORM 7: Examination Before Trial of Police Officer or Store Detective Checklist
 
 
FORM 8: Action in State Court for False Arrest, Assault and Battery, Negligence in Training, Supervising and Performance of Duties, Malicious Prosecution and Violation of Civil Rights Pursuant to 42 U.S.C. § 1983
 
FORM 9: Claim in Federal Court for False Arrest, Assault and Battery, Negligence in Hiring, Training and Performance of Duties, Malicious Prosecution and Violation of Civil Rights Pursuant to 42 U.S.C. § 1983
 
FORM 10: Complaint for False Arrest, Assault and Battery, Deprivation of Civil Rights and Punitive Damages Against Municipality and Police Officers for Arresting Plaintiff Without a Warrant or Other Legal Process
 
FORM 11: Complaint in Action Against Store Owner and Employee for False Imprisonment and Assault and Battery of Customer Accused of Shoplifting
 
FORM 12: Complaint in Action for False Arrest Against Corporation and Employee Who Caused a Police Officer to Arrest Plaintiff Without Warrant for Theft of a Vehicle
 
FORM 13: Malicious Prosecution Action Against Municipality
 
FORM 14: Malicious Prosecution Action Where Arrest Made Pursuant to a Valid Warrant
Author Detail

About the Author: 

C. Elliot Kessler
 has practiced in the area of criminal law for 12 years and worked as a research attorney for both the California Supreme Court and California Court of Appeals.

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