A false arrest unlawfully restrains a victim’s liberty. Both police and private citizens are liable for false arrests. In a civil rights lawsuit, police are sued for monetary damages by victims. If police illegally arrest anyone, the victim could lodge a complaint with the police department. For unlawfully restraining their liberty, people can sue for wrongful detention. An arrest warrant is invalid without naming or adequately identifying the person to be arrested, without specifying the crime for which the person is arrested, and fails to mention the court issuing the warrant, or the police lied to the judge to provide probable cause for the arrest.
False statements by Police
These are integral to finding probable cause to invalidate warrants. If the judge found probable cause without false statements, the warrant remains valid. All invalid warrants don’t lead to wrongful arrests as the arresting officer can mention acting in good faith. An officer proves a good faith defence by showing a valid warrant, and the officer reasonably believed that the warrant was for the arrested person.
Unlawful and warrantless arrests
Police can make warrantless arrests, duly supported by probable cause. Without sufficient probable cause, arrest by a police officer is unlawful. If a victim shows the arrest was without a warrant, the officer must prove probable cause existed, such as the suspect committing a crime in the officer’s presence, or the suspect committed a felony. The officer’s belief is backed by the facts the officer knew, during the arrest.
Due Legal Process essential for Arrests
If a plaintiff alleges being arrested without due legal process, the defendant must justify the arrest was lawful. Common defences that defendants raised are probable cause to make arrests, or a good faith belief about arrest warrant validity. If plaintiffs can prove that defendants violated constitutional rights, qualified immunity may not apply and defendants are sued. Plaintiffs bringing false arrest lawsuits can sue for monetary damages to cover lost wages, pain and suffering, medical bill costs, emotional distress, and out-of-pocket costs. In most cases involving police officers, their police department pays for civil damages.
Remedies for Victims
Victims of false arrest have legal options to pursue: lodge a complaint against the arresting officer with the police department, file a motion to suppress evidence obtained from false arrest, a lawsuit against the officer and department, demanding an injunction, and file a lawsuit against the officer and department, demanding monetary damages. Any criminal evidence found due the arrest can be thrown out. Victims can file a false arrest lawsuit against the police department and the officer for civil rights violations. That lawsuit can be filed in the state or federal court in the United States.
Civil lawsuits face challenges as officers are protected by qualified immunity. The false arrest lawsuit can demand an injunction, which is court ordered. The court requires the police department to: retrain officers, change arrest policies, or fire the offending officer. The lawsuit could demand monetary damages to compensate by covering medical bills, wages lost, pain and suffering mental distress, and violation of victim’s civil rights. However, recovering monetary damages or punitive damages are difficult due to the qualified immunity defence. This defence shields government officials, including police officers, from lawsuits filed over conduct during duty.