Can You Sue The Police For Wrongful Arrest? Here’s What You Need To Know


Licensed to practice law in Michigan continuously since November, 1979. Licensed to practice law in Illinois in January, 1990. Licensed to practice law in New Mexico in May, 1995. (The Illinois and New Mexico licenses are no longer active.) Also admitted to practice in the U.S. Supreme Court, and in the U.S. Circuit Courts of Appeal in the 2nd, 4th, 5th, 6th, 7th, and 10th Circuits.

Have you ever been wrongfully arrested, and wondered if the police can be held responsible for it? If so, you’re not alone! I do understand how frustrated and helpless one can feel in such a situation. But not to worry- that’s why I’m here to help! In this article, we’ll explore what your legal options are when it comes to suing the police for wrongful arrest.

We’ll break down how to go about initiating a lawsuit against an officer, which courts hold jurisdiction over these cases, who could be held liable as defendants including the department itself or individual officers and more. As someone who has studied criminal law extensively and knows first hand how justice is handled at all levels of government – nobody should have to face wrongful arrests without proper redressal – I assure you that by the end of this article you will have gained enough knowledge on your rights and obligations so that you’re well-equipped with anything else related to seeking justice after facing unlawful arrest. Let’s get started!

Can You Sue The Police For Wrongful Arrest? Here's What You Need To Know

Can you sue the police for wrongful arrest?

Yes, you can sue the police for wrongful arrest. This is done by filing a civil rights lawsuit against the police department or individual officers involved in your case. The claim must be based on evidence that shows that your constitutional rights were violated during the arrest process. It’s important to note, however, that these types of lawsuits are often difficult to win and require an experienced attorney with knowledge of civil rights law.

Common Causes of Wrongful police Arrest

Police Misunderstanding or Misinterpretation of the Law

An arrest is meant to be based on a justifiable reason, but often times, law enforcement officials make mistakes. One common cause for wrongful arrests is when police officers misunderstand or misinterpret the law. This frequently happens in instances where laws may be complex or not clearly defined. Officers might misconstrue an individual’s actions as illegal even though they were perfectly lawful.

Racial Profiling and Bias

Unfortunately, another leading cause of false arrests stems from racial profiling and bias. Some people are wrongfully arrested simply due to their race or ethnicity – a harsh reality that can’t be ignored in our society today. Policymakers have tried to address this issue with diversity training programs and anti-discrimination policies, but it still remains a significant problem.

  • Inaccurate eyewitness accounts
  • Misuse of forensic science techniques
  • Bias-fuelled assumptions

Erroneous Identification by Witnesses

A third major contributing factor to wrongful police arrests is erroneous identification by witnesses. It’s no secret that our memory isn’t always reliable – especially during stressful situations like witnessing a crime unfold before us.
We tend to remember things differently from how they really happened; add high-stress levels into the mix and you’ve got yourself recipe for disaster via incorrect identifications.

Can You Sue The Police For Wrongful Arrest? Here's What You Need To Know

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