Overview
To prove a false arrest claim, you must show both of the following:
- That you were unlawfully restrained against your will.
- That the restraint was unreasonable under the circumstances.
An arrest is not unlawful if the police have probable cause to believe that you committed a crime. If an officer arrests you based on false witness statements that the officer did not have reason to know were false at the time of the arrest, probable cause existed to support the arrest. On the other hand, if you suspect your arrest is based on racial profiling, or you were arrested without a warrant, you may recover on your claim.
Damages for someone who has been under false arrest could include:
- Compensation for loss of income
- Physical injuries
- Damage to reputation
- Reasonable and necessary expenses incurred
- Deprivation of rights
- Humiliations, fright, and shame