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False arrest is an act of detaining somebody without a probable cause or without an arrest warrant. It is a form of wrongful imprisonment by the police or officers from other law enforcement agencies. Such arrests violate the constitutional rights of a citizen and the victim is entitled to file a federal civil rights law suit including mental distress, embarrassment and monetary damages under section 1983. According to Title 42, Section 1983 of the U.S. Code, government officials, including police officers, may be required to pay monetary damages to the victim. The victim can also include several state claims in the federal civil right suit. This article answers some of the frequently asked questions on such illegal detentions and laws associated with them. I am planning to sue the city police department for false arrest. How do I go about it?
Usually, suing the police department or any other government agencies is not an easy job as their employees are protected from law suits when they operate within the normal procedure. But it is possible, if you could prove that the police showed misconduct while arresting you as you have to prove that they arrested you without a standard profile that is required to arrest somebody. You also have to prove that the police had an ulterior motive and to achieve that they took you under illegal custody. Also, you can sue them if the case ended in your favor. You should never accept a plea agreement during the trial or else you will have no ground to sue them. You should retain the services of a criminal lawyer who could guide you on this. Is this considered as a false arrest if the police arrest somebody on the basis of a complaint without investigating into it?
Generally, after receiving a complaint, the police records a statement from witnesses and then arrest a suspect on the basis of a probable cause. However, if somebody is arrested without a proper probable cause, it could be deemed as a false arrest. You could hire a criminal attorney and explain him/her the situation and circumstances under which you were arrested. Can I sue the police department for false arrest even if I plead guilty?
No, you cannot sue the police on the ground of false arrest if you plead guilty irrespective of any circumstances. Because, pleading guilty makes the arrest a genuine one as by pleading guilty, you have admitted that you have committed the crime. If at all you plan to sue the police, you need to appear in the court and explain that why you think that you were wrongfully arrested even though you have pleaded guilty. This is called Judicial Estoppel, which means that you cannot attempt to make your claim different or better by changing your position. I was wrongfully arrested 2 to 3 years ago. Can I sue the police now?
The statute of limitations may have passed, however you have a five year statute of limitation to file for punitive damages. You need prove that, the police had arrested you without having a probable cause. If the case ended in your favor, you might have some advantage while suing the police department. You should retain the services of a criminal lawyer who could assist you on this. An individual alleging false imprisonment may sue for damages for the interference with her or his right to move freely. It can damage a person’s livelihood and social image. If you feel that you have been detained by any of the law enforcement agencies for the crime you have never committed, you should ask a criminal lawyer to help you.
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