Statute of limitations for suing or criminally charging "friends" for setting me up for a psychiatric hold?

S

swissrapids

New Member
Jurisdiction
California
Some (former) friends of mine called the police and fabricated circumstances to have me held in a psychiatric facility. I have evidence that shows they not only lied, but - if I was indeed experiencing mild psychosis - fed into the paranoia, making the inpatient stay have far worse consequences for me. What is the statute of limitations on suing someone for this? Is it considered personal injury?
 
If it's personal injury you have a 2 year dealine to file a lawsuit in CA. Which also includes intentional infliction of emotional distress.

Deadlines to sue someone | California Courts | Self Help Guide

Figuring out your deadline There are different deadlines depending on why, and sometimes who, you're suing Common statutes of limitations: Personal injury: 2 years from the injury. Breach of a written contract: 4 years from the date the contract was broken. Breach of an oral contract: 2 years...
selfhelp.courts.ca.gov selfhelp.courts.ca.gov

Consult an attorney.
 
swissrapids said:
Some (former) friends of mine called the police and fabricated circumstances to have me held in a psychiatric facility. I have evidence that shows they not only lied, but - if I was indeed experiencing mild psychosis - fed into the paranoia, making the inpatient stay have far worse consequences for me. What is the statute of limitations on suing someone for this? Is it considered personal injury?
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Your claim against your former friends would more likely be a defamation claim. If you were not mentally ill enough to be held in a mental facility then the staff at that facility should have made that determination and released you. If they didn't do that and it was a private facility then you may have a malpractice claim against the staff and facility in which you were held. If it was a government facility you'd first need to find out if state law allows you to sue the facility for this. Suing the government for malpractice/personal injury requires some different steps than suing a private party.

If there is a substantial money claim to be had here, it is more likely to be that malpractice claim than a defamation claim against your former friends (though you may pursue both if the elements of each claim can be met). A personal injury lawyer would be a good starting point in finding an attorney. If the attorney sees possible winnable claims but doesn't do that particular kind of case, the attorney should be able to refer you to a lawyer who does do that or at least tell you specifically what kind of lawyer you need.
 
It depends on the cause of action, which would likely be malicious prosecution, abuse of process and/or defamation, all of which are subject to the two-year statute in Code of Civil Procedure section 335.1.
 

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