False Arrests

If an individual has been arrested and the charges against him or her are dismissed or dropped, various rights and claims may exist against the municipality and its' police department. Key to the claim, is the ability to show that the municipality, by and through its police officers, did not have probable cause to make the arrest in the first place.

This is a very tough standard to meet, because if it were not, then every time an individual was criminally charged and the charges were subsequently dismissed, he or she could obtain money damages.

When an individual is justified in bringing a civil case against a municipality and its police department, he or she may be entitled to make one or more of the following claims: false arrest/false imprisonment, assault and battery, negligence, malicious prosecution and violation of civil rights.

False Arrest/False Imprisonment

This would occur if an arrest was made, an individual was imprisoned and thereafter the charges were dropped and/or dismissed. Additionally, there must have been no probable cause to make the arrest in the first place, such as the absence of a complaining witness.

Assault and Battery

The police have the right to use reasonable force to apprehend a suspect. If unreasonable force is used and, and an individual is unjured, an assault and battery will occur.

Negligence

This would occur if the municipality used any sort of unreasonable standard in hiring its officers, or once the officers were hired, failed to notice that there was a problem with its officers.

Malicious Prosecution

This would occur only if there was a continuation (or commencement) of a criminal prosecution against an individual; there must have already been a termination of criminal charges in favor of the accused; there must not have been probable cause to make the arrest in the fist place and the victim must show that the arresting officers acted with malice.

Violation of Civil Rights

This is a "summary type claim" which arises any time an individual is assaulted, battered, falsely arrested, falsely imprisoned or maliciously prosecuted.

It is not the intention of this office to imply that our municipalities and police departments are corrupt. It is our opinion that most officers are decent people trying to do the right thing. Unfortunately, there are a few "bad apples" out there, and if anyone has had the misfortune of being injured or wrongly detained by any of these bad apples, then he or she should consult an attorney.

A Word of Caution

The above summary is intended to "highlight" rather than advise, since the " criminal procedure" of an arrest contains many stages not identified in this outline. Special and different rules apply in the area of our State concerning criminal actions and civil lawsuits. Do not ever attempt to apply or interpret any of the information in this summary without the aid of a trained and qualified attorney. Your should always consult an attorney after being arrested as well as with respect to your decision concerning a civil lawsuit against any municipality.