Can I Sue for a Wrongful Arrest?

In America the police are supposed to obey the proper procedures for investigating crimes and arresting suspects. Yet there are times when someone is arrested for no reason at all or because of their race, nationality, sexual orientation, religion or sex. When this occurs these people have the right to seek compensation through the courts.

Features

Wrongful arrest is when someone's movements or freedoms are restricted without proper legal cause. It applies to police officers, private security guards and individual citizens.

Protections

The rights of all citizens are protected against false arrest under the fourth as well as fourteenth Amendments of the U.S. Constitution, section 42 U.S.C. §1983 of the U.S. Code and through state laws. These laws allow someone to sue for monetary damages based on federal civil rights violations.

Statue of Limitations

Someone who is wrongfully arrested has a window of opportunity to file a claim. Under the Supreme Court case Wallace v. Kato the time to file a lawsuit starts the day that someone is arrested. The time limit varies from state to state. In the case of Wallace v. Kato, the statute of limitations in Illinois, where the incident took place, is two years.

Awards

Whether the false arrest was an honest mistake or not a plaintiff is entitled to awards for damages to image, humiliation, lost income, physical impairment and accidental death.

Considerations

The victims of false arrest can sue for excessive force, unlawful imprisonment, wrongful conviction and overly aggressive prosecution. To effectively pursue these cases it is prudent to seek the advice of legal counsel.

References

• The Injury Lawyer: False Arrest
• Find Law: Wallace v. Kato