False Arrest and Police Misconduct

Written in clear English and with a minimum of 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, both in print and on a floppy disk, 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

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 Appeal. He is currently the managing editor of Juris Publishing, Inc.