False Arrest

What is it?

A false arrest occurs when a law enforcement officer seizes a person without sufficient legal justification, referred to as probable cause. False arrest is a Fourth Amendment violation of the U.S. Constitution. In false arrest claims, an officer's subjective motivations for his actions are not relevant.

What is the consequence?

When a state actor unlawfully stops or arrests you, you may seek:

  • An injunction (a court order designed to stop the civil rights violation)
  • Money for the injuries caused by the state actor
  • Punitive damages (relief designed to punish the state actor for the abuses)
  • Compensatory damages for emotional pain and suffering
  • Attorney fees (state actors pay when you prevail)