Being arrested does not necessarily mean the police acted lawfully. The Fourth Amendment protects people from unreasonable seizures, and an arrest generally must be supported by probable cause.
When a police officer arrests someone without probable cause or another lawful basis, the person may have grounds to bring a false arrest lawsuit against the officer.
These cases are often brought under 42 U.S.C. § 1983, the federal civil rights statute used to seek compensation when state or local government officials violate federally protected rights.
What Is False Arrest?
A false arrest generally occurs when a law enforcement officer takes someone into custody without lawful justification.
The central question is usually probable cause.
Probable cause requires more than a hunch or suspicion. Officers must have facts and circumstances sufficient to justify the arrest under the applicable constitutional standard.
An arrest may potentially violate the Fourth Amendment when an officer:
- Arrests someone without sufficient evidence that a crime occurred;
- Knowingly relies on false information;
- Ignores information undermining the supposed basis for the arrest;
- Arrests the wrong person without adequate justification;
- Fabricates evidence supporting an arrest;
- Detains someone beyond what the law permits; or
- Arrests someone in retaliation for constitutionally protected activity.
Whether an arrest was unlawful depends heavily on the specific facts known to the officer at the time.
Can You Sue a Police Officer for Arresting You Without Probable Cause?
Potentially, yes.
A person whose Fourth Amendment rights were violated by a state or local police officer may be able to file a lawsuit under 42 U.S.C. § 1983.
Section 1983 allows individuals to seek relief when a person acting under color of state law deprives them of rights protected by federal law or the United States Constitution.
A false-arrest case therefore frequently focuses on two questions:
- Was there probable cause to arrest you?
- Is the officer protected from liability by qualified immunity or another defense?
The answers can depend on details that may not be apparent from the police report alone.
What If the Criminal Charges Were Dropped?
Having your charges dismissed can be important, but dismissal by itself does not prove that your arrest was unconstitutional.
The legality of an arrest generally depends on whether the police had an adequate legal basis for the arrest when it occurred.
That means charges could ultimately be dismissed even though the initial arrest was lawful.
The opposite can also be true: a prosecutor’s decision about whether to pursue charges does not necessarily eliminate a civil claim arising from an unlawful arrest.
A police misconduct lawyer should therefore examine the evidence surrounding the actual arrest rather than looking only at the final outcome of the criminal case.
What Evidence Is Important in a False Arrest Lawsuit?
Police reports tell the officer’s version of what happened. They should not necessarily be treated as the final word.
Important evidence can include:
- Police body-camera footage;
- Dash-camera footage;
- Surveillance video;
- Cellphone recordings;
- 911 calls;
- Computer-aided dispatch records;
- Police radio communications;
- Witness statements;
- Arrest reports;
- Incident reports;
- Search or arrest warrant materials;
- Photographs;
- Text messages and other communications; and
- Records showing what information officers possessed before making the arrest.
Video evidence can be particularly important when it contradicts statements contained in an officer’s report.
For that reason, people considering a police misconduct lawsuit should act quickly to identify and preserve relevant evidence.
What If the Police Lied in the Arrest Report?
A false statement in a police report can be extremely important, but not every inaccurate statement automatically creates a federal lawsuit.
The significance of the false statement depends on issues such as what the officer said, whether the statement was knowingly or recklessly false, how important it was to the justification for the arrest, and what other evidence existed.
Cases involving fabricated evidence or deliberately false statements can raise serious constitutional issues and require careful investigation.
What Is Qualified Immunity?
Police officers sued under § 1983 frequently raise qualified immunity.
Qualified immunity can protect government officials from damages in certain circumstances. In police misconduct litigation, courts may examine not only whether the officer violated the Constitution but also whether the relevant constitutional right was sufficiently established under existing precedent.
That makes the precise facts of the case—and the controlling decisions from the applicable federal courts—extremely important.
A case can involve outrageous conduct but still present difficult qualified-immunity issues. Conversely, existing precedent involving sufficiently comparable conduct may significantly strengthen a plaintiff’s case.
Can You Sue the Police Department Too?
Sometimes, but suing a city, county, or police department is different from suing the individual officer.
Under federal law, a local government generally is not automatically liable simply because it employed an officer who violated someone’s constitutional rights.
Claims against municipalities can involve allegations that an unconstitutional policy, custom, practice, or governmental decision caused the violation.
These claims are commonly referred to as Monell claims after the Supreme Court decision addressing municipal liability under § 1983.
Determining whether a viable municipal-liability claim exists often requires investigation beyond the circumstances of the individual arrest.
What Damages Can You Recover for False Arrest?
The damages available depend on the circumstances of the case.
A person who proves a civil rights violation may potentially seek compensation for injuries and losses caused by the unconstitutional arrest, which can include:
- Loss of liberty;
- Physical injuries;
- Emotional distress;
- Lost wages or income;
- Medical expenses;
- Other financial losses; and
- In appropriate cases, punitive damages against an individual defendant.
Federal civil rights law can also permit prevailing plaintiffs to recover reasonable attorney’s fees in qualifying cases.
The value of a police misconduct case depends heavily on the nature of the constitutional violation and the harm it caused.
False Arrest Lawsuits in Georgia
People arrested without probable cause by state or local law enforcement officers in Georgia may have claims under federal civil rights law as well as potential claims under Georgia law.
These cases can involve officers from city police departments, county police departments, sheriff’s offices, and other law enforcement agencies.
Georgia cases can also involve special procedural requirements depending on the defendants and claims being asserted. Some state-law claims against governmental entities are subject to notice requirements and other limitations.
Anyone considering a false arrest lawsuit in Georgia should therefore investigate the claim promptly rather than assuming that the ordinary statute of limitations is the only deadline that matters.
False Arrest Lawsuits in Virginia
The same Fourth Amendment protections apply when an unlawful arrest occurs in Virginia.
A person arrested without probable cause by a Virginia state or local law enforcement officer may potentially pursue a federal claim under § 1983, depending on the circumstances.
Virginia law may also provide additional causes of action in appropriate cases.
As with Georgia cases, the applicable defendants, immunities, deadlines, and procedural requirements need to be evaluated individually.
Can You Sue for Excessive Force During a False Arrest?
Yes, potentially.
False arrest and excessive force are separate constitutional issues.
An arrest might be lawful while the amount of force used to accomplish it is unconstitutional. Likewise, an arrest itself may be unlawful even if officers used little or no physical force.
Some police misconduct cases involve both.
Examples can include officers punching, kicking, tasing, tackling, or otherwise using significant force against a person who was not resisting or posed little threat.
The constitutionality of police force depends on the circumstances confronting the officers and whether the force was objectively reasonable.
What Should You Do If You Believe You Were Falsely Arrested?
Preserving evidence should be a priority.
Keep photographs, videos, medical records, witness information, court documents, charging documents, and communications relating to the incident. Write down what happened while the events are still fresh in your memory.
Do not assume that body-camera or surveillance footage will remain available indefinitely.
An attorney investigating the case may seek police reports, body-camera recordings, dispatch information, 911 calls, internal records, and other evidence needed to determine what actually happened and whether the officers had probable cause.
Talk to a Georgia or Virginia Police Misconduct Lawyer
False-arrest cases are rarely as simple as asking whether the criminal charges were ultimately dismissed.
The critical questions are why you were arrested, what information the officers possessed, whether probable cause actually existed, and whether the officers violated clearly established constitutional rights.
Blake Weiner Law represents individuals in Georgia and Virginia in police misconduct and civil rights matters, including claims involving false arrest, excessive force, unlawful searches and seizures, and other constitutional violations by law enforcement officers.
If you believe you were arrested without probable cause or otherwise had your constitutional rights violated by police, contact Blake Weiner Law to discuss whether you may have a civil rights claim.
This article is for general informational purposes and does not constitute legal advice. Every police misconduct case depends on its particular facts and applicable law.
