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)