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How much can be awarded for wrongful arrest in a civil lawsuit against the police?
Wiki User
∙ 11y ago
There is usually no limit to the amount a court or jury can award the plaintiff in a civil lawsuit against the police, although some states do have award caps on civil liability lawsuits. Juries have been known to award very large amounts to plaintiffs, only to have the judge in the case reduce the award to what he believes is a more just figure. There are four categories of awards:
- Actual damages: those that can be measured precisely, such as medical costs, list wages, property replacement or repair costs, etc.
- Compensatory damages: for injuries that are not precisely quantifiable, such as pain and suffering, emotional trauma, loss of consortium, etc.
- Punitive damages: money paid purely to punish the defendant and discourage them and others from similar conduct in the future. In lawsuits against the police, the police department usually pays any actual and compensatory damages, but punitive damages are assessed against the officer(s) personally.
- Costs: attorney's fees, investigative costs, and other costs incurred in prosecuting the lawsuit. These costs often outweigh all of the other award amounts combined.
Juries are sometimes not so fast to award large damage amounts when police (as opposed to private businesses or individuals) are the defendants, as the costs of paying those damages comes out of tax dollars. The taxpayer is ultimately the loser in the lawsuit.
Wiki User
∙ 11y ago
Wiki User
∙ 13y agoYour question is much too broad to be answered on WikiAnswers. You should discuss your case with a local attorney.
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What happens when an officer makes an arrest without just cause?
An example of a wrongful arrest would be a retail employee or owner holding a customer against their wil with only probable cause, and the police arresting them with only their word against the customer's. People involved in a wrongful arrest case may file a lawsuit against the arresting officer, the police department, or township for damages-emotional or mental distress and embarrassment
Can you sue for wrongful arrest in Indiana?
Anyone can sue for wrongful arrest anywhere including Indiana. It is best to get an attorney that has been successful in the past with these types of cases.
What is the statute of limitations for wrongful arrest in California?
In California, the statute of limitations for a wrongful arrest claim is typically two years from the date the claim arises. However, this timeline can vary depending on the specifics of the case, so it is important to consult with an attorney to determine the exact deadline for filing a claim.
How do you go about getting compensation for wrongful arrest?
The first step in getting compensation from any governmental organization for any reason is to make a claim to the organization. If the governmental organization denies the claim, you can file a civil lawsuit to recover damages.
What will happen if CANT pay post dated cheque?
Arrest or a lawsuit are both possibilities.
Can you sue for illegal detention?
Yes.You can sue for wrongful imprisonment. You can also file a civil lawsuit againts the police if they cause such wrongful imprisonment.Added: I cannot agree with the second answer. Unlawful IMPRISONMENT signifies that the defendant was tried, convicted, sentenced and remanded to prison after a complete trial process. Since "the police" do not (cannot) sentence anyone to prison perhaps what the contributor had in mind was Unlawful DETENTION.Definition: IMPRISONMENT - A penalty imposed by a court under which the individual is confined to an institution, Title 18, USC. See below link:
Can one file wrongful arrest charges after pleading guilty?
No; once a guilty plea is entered, there is an acknowlegdment of guilt. If one is wrongfully arrested, there should not be a guilty plea because the facts of the case would be fruits of the poisonous tree in court therefore a conviction of guilt could not be reached because the evidence against the defendant is not admissable. Any good defense attorney would be able to argue a wrongful arrest in court which would either result in a not guilty verdict, dismissal, aquittal or a failure to prosecute.
Can a business detain you against your will?
Most will only imply that your under arrest or tell you you can't leave but in fact you can walk right out the door. They will follow get car description a so on. Some will cuff you and they are the ones that have solid evidence. If they do not follow the narrow guidelines they can be charged with wrongful imprisonment.
Can someone file a lawsuit against the police for false arrest?
Yes, of course. You can sue anybody for any reason. Now, whether you will win the case is another matter.Yes. Wrongful arrest is a form of police misconduct so you can sue the police for a civil lawsuit if such wrongful arrest takes place.
If you perform a Citizen's Arrest and take the person to the local jail what will they do?
A person who makes a citizen's arrest could risk exposing him or herself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil-rightsare violated.
In California can you sue a roommate for filing a false domestic violence police report resulting in arrest in a case where the charge was dropped completely?
You can sue for nearly anything you wish, however the burden of proof will be entirely on you and the fact that the police made an arrest weighs heavily against you. The police can not arrest unless there is probable cause that a crime or violation occurred. Since you were arrested you would need to prove that the arrest was wrongful and that is very difficult. I suspect it would be a complete waste of time and money, but only a local attorney can give you advice with the benefit of local experience.
What reimbursement does one get for false arrest?
If you have been arrested without probable cause, you may be eligible for compensation through a false arrest civil lawsuit. You may be able to recover damages for the following: • Emotional distress resulting from the false arrest • Lost wages from missed work due to the false arrest • Medical bills related to injuries sustained during the false arrest • Physical pain and suffering caused by the false arrest To bring a claim for false arrest, you need to show that: You were arrested or detained by law enforcement. The arresting officers lacked probable cause to believe you had committed a crime. Probable cause means that a reasonable officer would believe, based on the facts and circumstances, that you committed an offense. You suffered damages as a result of the false arrest. In order to win your lawsuit, you will likely need testimony or evidence supporting the fact that the arresting officers lacked probable cause. Witness statements, video footage, and police reports can all be used to build your case. You should consult with a wrongful arrest attorney in your state to discuss the specifics of your case and your chances of recovering compensation through a civil lawsuit. The amount of compensation you could receive will depend on the specifics of your case and injuries. False arrest lawsuits can potentially result in significant compensation awards. Hope this overview provides a good starting point! Let me know if you have any other questions.
