Pursuing a Wrongful Arrest Lawsuit
A wrongful arrest, also known as a false arrest, is a detention that unlawfully or wrongfully restrains the victim’s liberty. This experience has the potential of not only being embarrassing and traumatizing for victims, but it can also have a ripple effect on their reputation, be it social or professional. Even if you’re later found innocent, the damage has probably been done.
Though private citizens can be held liable for a false arrest, sadly, police officers are also commonly at fault. Police misconduct seems to be at an all-time high, and this leaves many people wondering what they could do if this ever happened to them. A wrongful arrest lawsuit is a possibility, but there are other actions victims can take if they find themselves in this situation.
An arrest can be unlawful or wrongful if the arresting officer has no legal authority to do so. This is because officers must either have probable cause or a warrant to make a lawful arrest. In some other cases, an arrest may begin lawfully and turn unlawful in the process. Furthermore, some cases of unlawful arrest occur with police brutality.
Remedies for victims
The victim of a false arrest can pursue several legal options, such as filing a complaint or a motion to suppress evidence obtained from the unlawful arrest. However, the victim may also file a wrongful arrest lawsuit in the form of a civil rights lawsuit.
Victims who decide to pursue a wrongful arrest lawsuit will most likely file a Section 1983 lawsuit, which alleges a civil rights violation pursuant to 42 U.S.C. 1983. Section 1983 of title 42 of the U.S. Code allows making the person who was acting under color of law liable for depriving an individual of the rights, immunities, and privileges they are entitled to under the Constitution and laws.
A wrongful arrest lawsuit under Section 1983 can demand an injunction and/or monetary damages. This means that the victim may receive compensation for the unlawful arrest to cover any wages lost, medical bills, and pain and suffering.
Hiring an attorney for a California wrongful arrest lawsuit
An attorney can be a strong and useful ally if you have suffered a false arrest. Not only will they give you the best possible advice, but also help you build a case if you decide to pursue a wrongful arrest lawsuit.
It’s important to remember that according to the location, there may be other laws applicable to your case, which means that California wrongful arrest lawsuits are handled in a particular way. Make sure to hire a local professional with a proven track record who can help you take the next step toward justice.
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.