legal jargin for small claims

[onedaddy]

DH wants to sue BM for having him falsely arrested 2x-1st September 2003 we mistakenly accepted an ACD and BM was awarded and order of refrain, so arrest record stuck but we can now prove what was written on the  police statement was a lie.  She stated DH called Fifteen times in one day and harrassed her.  We have an audio tape of BM 3 days prior stating she wanted to move out of state with kids and could do so woith or without DH's permission.  Than the kids weren't in school for 2 days and could not be reached even though they are supposed to talk to DH every eve at 7PM on his phone.  Records show he called 11 times over a 2 days period.
The 2nd arrest  DH called kids on his line BM and SF picked up phone said they were not bringing the kids for visitation the following w/e, when DH refused to speak and said the lawyers would get involved, SF started threatening DH in a very vulgar language hung up on him and told police he threatened to shoot them both between the eyes. We forced a trial DH was exonerated because the judge said BM "was inconsistent throughout her entire testimony", case was sealed, but DH was forced to post 2500 bail, they usually keep 3% but the judge waived it, which I'm told is unusual and he had to spent 10 hours in a maximum security cell some 5+hours away from our home in NY, we had to cut our vacation in Florida short to surrender, missed numerous days of work and paid a lawyer.

Any advise on what to sue for i.e., malicious prosecution, false imprisonment, etc.?

[Lawmoe]

You are unlikely to have a viable case for small claims court since the relieff you are requesting would be based on equitable legal doctrines. Moreover, you would have to demonstrate quantifiable damages related in a dollar figure.

In short, your chances of filing in small claims court are slim.In distruict CoOurt it is more complex and likely would require a lawyer. For a purely cost- benefit stand point, you should forget it and move on.

Life isn't fair.

[Lawmoe]

Incidentally, the other party did not imprison you or prosecute you. That is the duty of the prosecutor and police.  As a result, you could not sue someone who does not have that capacity even if they made statements on which the arrest and prosceution was based.