Can You Sue for Wrongful Arrest?

You can sue for wrongful arrest if the police arrested you without probable cause. This article discusses wrongful arrest claims.

If you were wrongfully arrest in New York City, contact Cody Warner, P.C, for a free consultation. We can evaluate your claim and develop a plan to get you maximum compensation for the police misconduct against you.

The Elements of a Wrongful Arrest Claim

The legal term for wrongful arrest is “false arrest.” To prove a false arrest claim, you must establish the following elements:

(1) the defendant intended to confine the plaintiff;

(2) the plaintiff was conscious of the confinement;

(3) the plaintiff did not consent to the confinement; and

(4) the confinement was not otherwise privileged.

Elements 1-3 are typically not in dispute when a false arrest claim is alleged in court. In other words, in most situations, both parties agree that the officer put the person in cuffs, the person knew the officer placed him in cuffs, and that the person didn’t consent to being placed in cuffs.

The issue in most false arrest cases is element #4—whether the confinement/arrest was privileged. An arrest is privileged if the police have probable cause to belief the person committed an offense. In most false arrest cases, the Plaintiff alleges that the police did not have probable cause to arrest, and the police allege that they did have probable cause to arrest. If you prove that the police did not have probable cause to arrest you, then you may be able to win your claim.

Notice of Claim

Before you can file a lawsuit against the police, you may need to file a notice of claim. Different states have different rules about notices of claim.

In New York, you must file a notice of claim within 90 days of the incident. If you don’t, then you are barred from filing a lawsuit under state law.

If you are interested in filing a notice of claim against the police in NYC, contact Cody Warner, P.C. We are NYC criminal defense and civil rights lawyers who can discuss your claim and file the notice of claim for you.

Filing a Wrongful Arrest Lawsuit

In many states, you may be able to settle your claim within months after you file your notice of claim. If the police’s settlement offer is too low, your false arrest lawyer can file sue for wrongful arrest in court.

Once a lawsuit is filed, both sides will conduct “discovery,” which is the exchange of information. Such information includes things like police reports and video footage of the incident. Additionally, lawyers from each side will conduct depositions—which is the process when lawyers ask witnesses questions under oath.

Once the discovery process is concluded, the case can be adjourned for trial if the case is not resolved. At trial, a jury will decide if the police are responsible. The jury will also decide how much money to award you.

Estimated Payout for a Wrongful Arrest

At any point during a lawsuit, the police may offer a settlement offer to resolve the case. Oftentimes, the police will not pay significant money until the case is close to going to trial. Because of that, the worth of a wrongful arrest case can vary widely.

If you were incarcerated for only several hours, your payout may only be several thousand dollars. On the other hand, if you were incarcerated for months or years, you could receive millions of dollars.

Need Help?

If you think you were wrongfully arrested in New York City, contact Cody Warner, P.C. for a free consultation. We can evaluate the strength of your claim and give you an estimate of how much money you may receive.