Police officers have various types of legal authority not extended to members of the general public. For example, police officers can arrest individuals and transport them to state facilities for holding. Police officers may arrest people when they have a warrant or when they have probable cause that allows them to claim that the individual committed a specific criminal offense.
Occasionally, police officers may violate the rights of individuals by conducting a false arrest. False arrest often leads to false imprisonment, which is a scenario where a person experiences the unfair limitation of their civil liberties because of the misconduct of another.
Those subject to false arrest and imprisonment in California may want to take legal action. Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below.
The arrest was inappropriate
Typically, false arrest claims are only possible in scenarios where police officers do not have a warrant. Officers who have a warrant and properly identify an individual are usually not at risk of false arrest allegations. The individual taken into state custody can take legal action if there was no warrant legitimizing their arrest.
The person detained suffered harm
A plaintiff trying to demand state accountability for a false arrest needs proof that the arrest led to actual injury or damages. There are several types of injuries or losses that could contribute to a false arrest claim in California. Any physical injuries sustained during the arrest or while in state custody could help the plaintiff meet this second requirement. Losses related to their arrest, possibly including lost wages, can also help plaintiffs prove that they suffered injury because of the police officer’s inappropriate actions. In some cases, even those with minor or nominal losses can still pursue litigation in the California civil courts.
An officer was the cause of the injury
A plaintiff pursuing compensation for false arrest and false imprisonment generally needs to establish that the behavior of the police officer was the proximate cause of the injury or losses they sustained. In some cases, establishing that connection can be relatively simple because the police officer used an inappropriate amount of force while attempting to arrest the plaintiff. Other times, a lawyer familiar with civil rights rules may need to assist the plaintiff. They may need to connect the behavior of the police officer with the injuries sustained because of the false arrest they experienced.
Taking legal action in response to a violation of civil rights requires an understanding of state and federal law. People also typically need assistance navigating the legal system. Reviewing the situation around an arrest with a skilled legal team can help people determine whether they may have grounds to hold a police officer accountable for misconduct.