Spring Valley, CA asked in Libel & Slander, Consumer Law and Civil Rights for California

Q: So my fiancé and I where wrongfully accused by Home Depot’s loss prevention, racially profiled do we have a case ?

Then a month later we were arrested under false pretenses for the same accusation. Now we are done with court and the charges where dropped can we sue?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you and your fiancé were wrongfully accused and racially profiled by Home Depot's loss prevention, and subsequently arrested under false pretenses, you may have grounds for a civil lawsuit. The charges being dropped in court strengthens your position, as it indicates a lack of sufficient evidence against you.

In such cases, potential claims could include false arrest, false imprisonment, malicious prosecution, and possibly racial discrimination. To prove these claims, it would be necessary to demonstrate that Home Depot's actions were unjustified and that there was an element of racial profiling involved.

It's important to gather and preserve any evidence related to the incident, such as surveillance footage, witness statements, or any documentation related to the arrest and court proceedings. This evidence will be crucial in supporting your case.

Consulting with an attorney experienced in civil rights and personal injury law can provide you with a clearer understanding of the strengths and weaknesses of your case. They can advise you on the best course of action, including whether to pursue a lawsuit and what types of damages to seek. Remember, each case is unique and the success of any legal action depends on the specific facts and evidence available.

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