Can I sue a police officer for false arrest?

Can I sue a police officer for false arrest? You can sue a cop for false arrest, but such lawsuits tend to be difficult to win. Most states protect their officers from such suits with what is called “investigatorial immunity.” As long as an officer is acting reasonably in their employment, their actions, even if mistaken in the end, are protected from civil suit.

Essentially, most states would rather that their officer ere on the side of caution and make an arrest. For example, if your girlfriend calls the police and alleges that you assaulted her and the officer notices bruising consistent with an assault, the officer can arrest you for assault family violence. If it is later discovered that she had fallen at work and was using the bruising as an opportunity to file on you, the officer will not be subject to a suit for false arrest because his actions were reasonable under the circumstances. Though false arrest cases are tough to win, investigatorial immunity does not mean that officers simply have a blank check to arrest people without cause.

How to Fight After You’ve Been Falsely Arrested by Police

A false arrest that was made without any proper legal authority can be subject to a civil suit for unlawful restraint and a violation of your civil liberties. Depending on the rules of your state, you may want to file an action in federal or state court. In either court, you have the burden of proof to show that you were falsely arrested by police and that the officer acted without any legal authority. Building a case to sue the police is a hard burden to overcome since an officer can usually show probable cause with minimal evidence. The burden is not impossible though. If you can show that there was no basis for an arrest or that the officer was acting maliciously or discriminatorily, you will have a better chance at succeeding in your cause of action. A common example of a false arrest situation is where an officer may arrest a black kid suspected of shoplifting, with no real suspicion that the kid did anything wrong, just because he may have been the only black kid in the store.

Can I sue a police officer for false arrest? Getting Help

The frustration for people who want to sue for false arrest is that the lawsuit is in another court (civil), a different judge, usually a different lawyer, there are dramatically different rules of procedure (compared with criminal cases), and the case can take longer to resolve. You are not entitled to a court-appointed attorney, but instead have to hire your own attorney and pay filing fees. Before you file a lawsuit for false arrest against an officer, consult with a civil rights attorney and a criminal attorney to review the facts of your case and explore all of the options available in your jurisdiction.

Case Studies: Suing a Police Officer for False Arrest

Case Study 1: Establishing Lack of Legal Authority

John was wrongfully arrested by a police officer who lacked proper legal authority. He decides to pursue a civil suit against the officer for unlawful restraint and violation of his civil liberties. John must prove that the officer acted without any legal basis for the arrest. He gathers evidence and works with his attorney to demonstrate th

Case Study 2: Overcoming Investigatorial Immunity

Sarah believes she was falsely arrested but learns about investigatory immunity that protects officers acting reasonably within their employment. Sarah faces a challenge in proving the officer’s actions were unreasonable or malicious. She seeks guidance from civil rights and criminal attorneys.

Case Study 3: Understanding the Civil Lawsuit Process

Michael decides to sue a police officer for false arrest, realizing the differences from criminal cases. He hires his own attorney, pays fees, and prepares for a potentially longer resolution process. Michael consults civil rights and criminal attorneys to explore his options.