Definition of Wrongful Arrest
In the United States, no one should be arrested without a warrant or at least probable cause. However, many people are placed under arrest, also called unlawful or false arrest. This can happen during a standard arrest or citizen's arrest. A person who was wrongfully arrested is entitled to file a federal civil rights lawsuit for monetary damages. The lawsuit can also include any state claims that occurred due to the wrongful arrest.
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No Probable Cause
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A wrongful arrest occurs when police physically detain someone without probable cause or a valid arrest warrant. Probable cause is evidence showing someone likely committed a crime. No judge will issue an arrest warrant without probable cause, and if one is issued because a police officer fabricated probable cause, the warrant is considered invalid. Any arrest made under an invalid warrant is unlawful.
Other wrongful arrests include: for the officer's personal gain or career advancement; due to a suspect's race; an officer's personal feelings toward a suspect; or when the suspect was never read his Miranda rights, giving him the right to remain silent and have legal representation.
No Evidence/Police
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Wrongful arrests are also common during citizens' arrests. For example, if a storeowner or employee suspects shoplifting, but did not witness the alleged theft either in person or on video, the detention is a wrongful arrest. Even when the owner or employee has direct evidence, the police must be called immediately. The police can only make an arrest when shown evidence of the theft. If the only evidence is a statement from an owner or employee, the arrest is wrongful and invalid.
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Not Seeking Proof
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If a suspect claims wrongful arrest, the officer must ask for proof before making an arrest. If an unlawful arrest is successfully established, the suspect must be immediately released. If he cannot support the claim, he must submit to arrest, though he may restate his wrongful arrest at any time. At no time is violent resistance permissible that would harm the officer or himself.
Title 42
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Government officials, including police officers, may be required to pay monetary damages to a victim of wrongful arrest, according to Title 42, Section 1983 of the U.S. Code. A wrongful arrest is a violation of constitutional rights and the victim is permitted to file a federal civil rights lawsuit under Section 1983.
Additional State Claims
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A victim can also include several state claims in the federal civil rights lawsuit. Those claims can be against a storeowner or employee; the arresting officer; the police department and town; and county, city or state as a whole. These can be for: (1) any physical or emotional injury suffered due to the arrest, especially if the officer also committed assault and battery; (2) any lost wages due to jail time or loss of employment; and (3) any punitive damages a court feels are appropriate to punish the police officer, police department and/or storeowner. If someone dies while in jail due to a wrongful arrest, the deceased's estate may also file a wrongful death lawsuit. However, a guilty plea validates the arrest and wll result in dismissal of any lawsuit.
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References
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