The experience of being handcuffed is scary. What could be more awful than an illegal arrest or one without cause? If you have been arrested without probable cause, you might be entitled to sue in civil court for a wrongful arrest. Such a procedure appears complicated; however, it is the way to get your due and to be compensated with the help of a proper attorney.
An unlawful detainment is discussed in this manual, first of all, the definition of wrongful arrest, the rights you have, and the necessary measures to prepare a substantial court case.
What is a Wrongful Arrest? Defining Your Claim
Knowing the distinction between an arrest and a wrongful arrest is quite essential. Not every failure or dismissal of a case results in the filing of a civil lawsuit.
Wrongful arrest is when a police officer stops you without having any probable cause. Probable cause is when the officer has enough facts and evidence to reasonably believe that you are the one who committed the crime. In case the officer didn’t have this reasonable belief, then the arrest is illegal, and it infringes on your rights under the Fourth Amendment.
The lawsuit you bring to court is typically called a False Arrest lawsuit. It is one of the intentional wrongs, which are known as torts, that were committed by the arresting officer.
The Key Difference: Wrongful Arrest vs. False Imprisonment
Though they are close in meaning, these words describe different things to some extent:
- Wrongful Arrest (or False Arrest): Essentially, this is about the moment when the detention happened—when there was no legal justification (probable cause) for the arrest itself.
- False Imprisonment: This is about the act of forcibly keeping you, against your will, no matter how the initial arrest was. So, if you are locked up in a jail after the police definitely knew or should have known that they had the wrong person, that continued holding is false imprisonment.
In court, you will typically file a lawsuit for both. The allegations combine to cover the time span when you were unlawfully detained.
Immediate Steps: What to Do After the Arrest
In my combined experience as a lawyer and a paralegal, the evidence that is gathered at the scene is the most precious. The way you handle things right after an arrest will determine the outcome of the lawsuit court case.
1. Document Everything (But Only After Release)
First and foremost, during the arrest and booking, it is advisable to keep quiet. Right after your release, commence your activities of collecting evidence.
- Write Down: Without delay, jot down every single detail that you can recall. Write down the name of the officer (or badge number), the time of the arrest, the exact location, and the reason they told you that you were under arrest. Record the words of the law enforcement officers as well.
- Witnesses: Try to convince potential witnesses to give you their contact details. This may be friends, family, or even strangers passing by. A witness statement is a very strong piece of evidence.
- Proof of Harm: In case you were physically hurt or experienced pain, make sure that you have pictures of the injury that document it clearly, right away. A black eye gets better quickly.
- Do the Paperwork: Don’t forget to take the copies of release papers, charging documents, bail receipts, and any medical records you got while in jail.
2. Seek Medical and Mental Health Care
An arrest made unlawfully, which is not only a physical thing, is still quite an emotional one. The trio of stress, fear, and embarrassment can easily escalate into mental distress of a serious kind.
- Physical Checkup: Regardless of how you view your injuries, minor or not, go see a doctor immediately. A doctor’s report is what establishes a formal record of any bodily harm that may have been caused as a result of the arrest.
- Mental Health Counseling: Engage a therapist or counselor as soon as possible. There are two reasons here: firstly, it works through the trauma, and secondly, it is a record of the emotional harm that the illegal arrest has caused. In the absence of documented counseling, it is a lot tougher to establish pain and suffering in court.
3. Review the Criminal Case Outcome
Generally, a successful wrongful arrest lawsuit goes hand in hand with the dismissal of the underlying criminal case or an acquittal (a not guilty verdict). In the case that you have been found guilty of the crime, it is significantly more challenging to bring a winning claim in court, as the conviction is used as evidence that the police had probable cause.
The Legal Path: Building Your Wrongful Arrest Lawsuit
Typically, lawsuits against police officers or police departments are brought in the federal court. Such a lawsuit is under a particular civil rights legislation.
The Foundation: Federal Civil Rights Law
The most frequent instrument of law used in a wrongful arrest case is a piece of federal legislation.
This legislation enables people to bring a lawsuit against officials of state and local governments (including the police) who have infringed their constitutional rights. As an example, a wrongful arrest is a case in which your Fourth Amendment right to be free from an unreasonable seizure has been violated.
The officer is the one you are holding responsible for the action “under color of state law” when your rights were infringed.
The Challenge: Qualified Immunity
First of all, you should have a plan on how to deal with the issue of qualified immunity, which is usually the biggest problem in any lawsuit against a police officer.
Qualified immunity is a shield that guards public officials from being held responsible unless their behavior infringes a very clearly established law. As a matter of fact, the cop is given a kind of shield, and your attorney has to demonstrate that the cop’s actions were so obviously illegal that any reasonable officer would have known that he was breaking the law. That is why it is so important to have strong evidence that shows an absolute lack of probable cause.
State Law Claims
Apart from the federal claim, your attorney will also submit a complaint under state laws, including:
- False Imprisonment: For being unlawfully held against your will.
- Battery: In case the officer applied to you excessive or illegal physical force.
- Intentional Infliction of Emotional Distress (IIED): As a result of the officer’s behavior being extreme and outrageous, you suffered from severe emotional harm.
Key Pre-Suit Steps: Finding a Lawyer and Meeting Deadlines
There are two issues to be considered before any single paper is presented to the court: the employment of a specialized attorney and the timeline.
Finding the Right Attorney
Cases of wrongful arrests are complicated. They include constitutional law, state tort law, and the defense of qualified immunity. You require an attorney who litigates civil rights against the government.
- Look for Experience: Inquire of prospective counsel about the number of cases they have had in illegal detention and their results.
- Understand Fees: The majority of civil rights lawyers work on a contingency basis on such cases. This is because they are required to receive a commission on the amount of money you win. When you lose, you are not subjected to any legal fees.
The Statute of Limitations (The Clock is Ticking)
This is the most important deadline. Statute of limitations: This is the period within which you are expected to present your lawsuit. Failure to meet this deadline kills your case, regardless of how good your facts are.
- Federal Claims: A claim has a time limitation that is controlled by the state personal injury statute of limitations. This may be one year or four years, depending on the state where you are.
- Governmental Notice: In case you intend to sue the city or the police department (state agency), most states will demand that you submit a formal Notice of Claim within a very brief period of time – possibly as brief as 30 to 90 days after the arrest.
You have no time to wait because of these strict deadlines. You have to talk to an attorney.
Inside the Lawsuit: What to Expect During the Process
When your attorney submits the Complaint, the legal action starts. An average civil rights case will go through these stages:
1. Pleading and Motions
- The Complaint: The Complaint is filed by your lawyer and includes facts of the arrest, and claims of the law.
- The Answer: The city and the police officer file an Answer which refutes your claims.
- Motion to Dismiss: There is a high possibility that the defense would submit a Motion to Dismiss because your complaint has not stated a valid claim. This point is usually argued based on qualified immunity. This initial step is a test of your case.
2. Discovery: Gathering the Facts
It is the most protracted stage during which the two parties give evidence and information.
- Interrogatories: Written questions were given by one side to another. You will be asked to retell specific questions about your arrest, injuries, and losses. The defense will be forced to respond to questions regarding the training, actions, and reports of the officer.
- Document Requests: Sharing official documentation, such as police records, dashcam records, body camera records, tape records, medical records, and employment records.
- Depositions: It is at this stage that the lawyers cross-examine the witnesses and parties (you and the arresting officers included) by oath. This testament is taped and can be used in court. The deposition is a tense yet essential opportunity to question the officer.
3. Mediation and Settlement
A majority of civil cases do not proceed to trial. Instead, they settle.
- Mediation: A third party (a mediator) deals with both parties and makes efforts to achieve a compromise. A mediator makes the two sides of the case recognize their strengths and weaknesses.
- Settlement: In case a settlement is made, you sign a release, and the case is terminated without a trial in court.
4. Trial
Failure to come up with a settlement will mean that a case proceeds to trial. The evidence presented is called before a jury to determine whether the officer breached your rights and the amount of money you should be compensated.
Damages: What You Can Recover in a Wrongful Arrest Suit
The lawsuit aims to receive money damages that will restore you to a whole person. You can seek two major types of damages:
1. Compensatory Damages
These damages are aimed at compensating you for the real damages you incurred due to the unlawful arrest.
- Economic Damages:
- Medical Costs: Bills to cover physical injuries that occur during the arrest or detention.
- Therapy Costs: Mental health counseling bills dealing with the trauma.
- Lost Wages: The amount of money that you lost when you missed work because of the arrest or the injuries.
- Legal Fees: Expenses of litigating a false criminal case.
- Non-Economic Damages (Pain and Suffering):
- Emotional Distress: The fear, anxiety, humiliation, and long-term trauma of the arrest.
- Loss of Reputation: Damage to your reputation in society or in the workplace.
2. Punitive Damages
Under exceptional circumstances, when the actions of the officer were malicious, willful, or shocking, punitive damages may be awarded by the court. It is not intended to pay you, but it is to discipline the officer and the department to deter future occurrences of the same. It is not very easy, but possible to prove this level of conduct.
Moving Forward: Final Thoughts on Your Quest for Justice
A wrongful arrest is a draining experience, but it is important to understand that the law offers a remedy. You are not only seeking money in your lawsuit, but you are seeking to grant people in authority to answer to offenses committed against your constitutional rights.
I have witnessed highly persuasive cases on very low grounds, sometimes with no more than the extensive notes of the client and the undeterred efforts of the attorney. It is not a quick task, and it takes time and commitment.
If you feel you have been arrested without probable cause, the next step should be the most crucial one: contacting an experienced civil rights attorney in your state today. You cannot afford to wait; those are strict deadlines. They can study your very personal case and assist you in obtaining the justice that you are entitled to.
Disclaimer: This blog post provides legal information, not legal advice. The details of your case are unique, and you must consult with a qualified attorney in your jurisdiction.
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