In general, it is unreasonable to arrest a person without a warrant, and therefore a violation of the arrestees Fourth Amendment Constitutional rights, unless the arresting officer had probable cause to believe the individual has committed or was committing a crime.
Wrongful arrests occur more often than most of us realize and remains an underreported area of police misconduct because the victim/s are often unaware that their civil rights were violated.
If the arresting officer has clear probable cause, then the case will be much harder to win. Unfortunately, most law enforcement do know the legal process and a few will fabricate a story or evidence knowing all they need is to prove they had a solid reason to do what they did. If you are going to win your police misconduct lawsuit based upon false or unlawful arrest, you must convince a jury that the officer’s arrest was without probable cause (unreasonable under all the circumstances known to the officer) at the time. If you feel that you have been wrongly arrested, please call one of our false arrest lawyers today.
Once you have all your facts together, call or make an appointment to meet with one of our wrongful arrest attorneys to decide how best to continue. In California, a false or wrongful arrest lawsuit, based upon a civil rights violation, can be filed in State and in Federal Court. In both instances the claim would be filed pursuant to 42 U.S.C. §1983, a Federal statute. A claim can also be filed for false or unlawful arrest in California in State Court, under California Civil Code 52.1, which can be based, amongst others, on Federal civil rights violations.
Time is of the essence as there are statutes of limitations applicable to all civil claims against governmental agencies, and their employees, such as police officers and sheriff’s deputies. For claims based upon federal statute (42 USC Section 1983 claims) there is a two-year statute of limitations in California. For California State law claims, such as California Civil Code 52.1 claims (a California statute which includes recovery of damages for federal civil rights violations), and claims for assault, battery, and negligence, it is mandatory to give notice of your intent to file a lawsuit to the individual police officer’s employer. This has to be done no later than six months following the incident during which the injury occurred. Unless filed in a timely manner you will forever lose your ability to file a lawsuit for damages.
Call to speak with one of our False Arrest attorneys in Riverside, San Bernadino or Orange County.
Represented client injured by custodial staff while in prison. Case settled for $500,000 before trial.
Represented client injured by custodial staff while in jail. Case settled for $335,000 before trial.
Represented client subject to unreasonable search and seizure, and then subject to excessive force, being Tased by a police officer. Case settled for $400,000 before trial.