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Can You Sue the Police for False Arrest?
Yes, you can sue the police for false arrest if your rights were violated and the arrest was made without probable cause or a valid warrant. False arrest—also called wrongful arrest—is a violation of your Fourth Amendment rights and can form the basis for a civil lawsuit against law enforcement.
If the NYPD falsely arrested you in New York City, contact Cody Warner, P.C. for a free consultation. We are experienced at suing the NYPD and can help you get justice.
What Is False Arrest?
False arrest occurs when a person is intentionally detained without legal justification. In most cases, this means the police arrested someone without a warrant and without probable cause that a crime was committed.
Can You Legally Sue for a False Arrest?
Yes—victims of false arrest can file a lawsuit under:
- Federal Law (42 U.S.C. §1983): Allows lawsuits against police officers and departments for violating constitutional rights.
- State Law (Unlawful Imprisonment): In many states, you can also file a claim for false imprisonment under tort law.
In New York, both legal pathways may be available depending on the facts of your case.
What Do You Have to Prove in a False Arrest Lawsuit?
To win a lawsuit for false arrest, you must typically prove:
- The police confined you;
- You were aware of the confinement;
- The arrest was made without a warrant or probable cause; and
- You suffered damages—emotional, financial, or reputational.
Important: Police officers are often protected by qualified immunity, which means your legal team must show that the officer’s actions clearly violated established law.
What Damages Can You Recover?
If your claim is successful, you may be entitled to compensation for:
- Emotional distress and psychological trauma
- Loss of liberty
- Lost wages or time missed from work
- Attorney’s fees and court costs
- Damage to your reputation
- Punitive damages
The total worth of a wrongful arrest lawsuit depends on the severity of all of these factors. If you have other claims, such as police brutality, your case will be worth even more.
How Long Do You Have to File a Lawsuit?
Time limits—called statutes of limitations—vary by state. In New York, if you’re suing a government agency or the NYPD, you may need to file a Notice of Claim within 90 days of the incident. You must then file a lawsuit within one year and ninety days of the incident.
Federal lawsuits under Section 1983 generally have a 3-year statute of limitations in New York.
What Should You Do If You Were Falsely Arrested?
- Remain calm and do not resist arrest
- Ask for a lawyer immediately
- Document everything: names, badge numbers, dates, locations
- Take photos of any injuries or visible harm
- Contact a civil rights attorney as soon as possible
Need Help? Contact Us
If you believe you were falsely arrested by the NYPD or another police department, you may have a strong civil rights case. Contact Cody Warner, P.C. for a free consultation. We help clients sue the police for false arrest, and we can help you get justice.