Q: CA civil suit for malicious prosecution and false statement to police when police declined to file charge?
despite no charges ever being filed, can I still sue if an individual filed a false statement with police in an effort to have me arrested?
A: The quick answer is that you sue anyone for any reason. The bigger question is will you win and what are your damages. One of the elements for malicious prosecution is that you were charged which from your question it appears you weren't charged. The police could have charged the person making the allegations if they felt it was done without probable cause. If you just want to send a message and don't care about costs you might be able to find an attorney who would work for you on an hourly basis. But without being charged you might not have the damages to make a case worthwhile. Did you have any negative ramifications from the alleged false charges?
A:
anyone can sue for anything at any time.
the question you want to ask is will you win and will it be worth the time and money, you will no doubt have to spend on the case...unless you sue in small claims for up to $10,000.
however, you have to show damages.
do you have any and if the case was not filed you will have a challenge with malicious prosecution.
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