False Arrest and Malicious Prosecution

WE POLICE THE POLICE! Every state and the federal government have separate and equally applicable Constitutions providing many liberties, privileges, immunities, and rights. These liberties, privileges, immunities, and rights apply to all its citizens and persons physically present there. The tantamount civil rights provided by these constitutions include protections from unjust searches, seizures, equal protection, due process, and malicious prosecution.

False arrest means the police detain someone without probable cause. Probable cause defines a practical, not technical concept, dealing with probabilities and likelihoods, involving daily life where reasonable persons act. A false imprisonment claim directly stems from a false arrest. Every day a person remains in prison because due to a false arrest increases the harm suffered. Malicious prosecution civil rights violations happen when police recommend charging a person for reasons other the interests of  justice.

No Two Civil Rights Cases Are the Same, Find Out The Value For Yours

The most unique characteristic about civil rights cases centers upon the difference between each matter. Simply stated, few successfully litigated cases, arise from the millions of yearly stops, arrests, and prosecutions, can for a Plaintiff. In criminal court, the standard for guilt and liability, remains proof beyond a reasonable doubt, an extremely high standard. Whereas, for civil rights violations, the proof standard in a preponderance of the evidence. While, federal courts have different proof standards for civil rights matters, the crucial question remains did probable cause exist? If probable cause existed to arrest, or prosecute someone, no civil rights claim exists. When police have probable cause to arrest someone, although charges may later be dismissed, no cognizable civil rights violation exists.

Excessive force regards when a police officer uses more force than necessary to subdue a person. Excessive force claims can arise from police shooting unarmed persons, to police punching or roughly handling someone, to many other circumstances both with and without weapons. Failing to intervene pertains to when multiple officers attempt to physically control a person. If one or more officers begin utilizing excessive force towards the individual, than the others must stop them. Further, when the police department or the governmental agency overseeing them have notice about an officer’s prior conduct, action must occur. If a police department does not curtail an officer’s conduct and responsibilities, they and the municipality could be liable for failing to train and supervise.

If You Were Wrongly Arrested Your Time to File a Claim is Limited

The circumstances for each case, determines which if any civil rights claims will be allowed to be brought in court. The statute of limitations for all the claims is two years from the incident date. This means for excessive force, false arrest, false imprisonment, failing to intervene, and failure to train/supervise, the statute of limitations would be 2 years after the arrest. For malicious prosecution the statute of limitations time calculations differ. These differ as this claim only arises after a court favorably terminates a person’s case. Most persons cases terminate a substantial time after their arrests.

In many states including New Jersey, Illinois, in order for a person to sue a governmental entity such as a city or the police department notice must be provided within a specified time period. Usually within 90 days from the date of the injury, a Plaintiff in writing must send a notice letter to the agency informing them about the intention to sue. Many lawsuits include both state and federal claims and, the state claims will get forever barred should these notice requirements not be complied with.

Go With An Experienced, Hard Fighting, Successful Civil Rights Law Firm

Our law firm has a long and open record, supporting law enforcement, when we determine these officers acted properly and complied with all legal regulations, even for disfavored and unpopular cases. Yet, while appreciating the service the police provide, when officers knowingly, purposefully, willfully, and/or grossly negligently violate citizens’ civil rights we aggressively pursue our clients’ claims in court. As with all professions, both good and bad police officers exist, we strive to  accurately sift them for every case. To date, we have successfully litigated cases against both police departments and other government agencies and won hundreds of thousands of dollars for our clients.

We represent civil rights Plaintiffs all across the country. Some cities where we practice include Camden, Trenton, NewarkPittsburgh, Scranton, Baltimore, St. Louis, Kansas City,  Chicago, Miami, Washington D.C., Denver, Los Angeles, New York City, Seattle, Texas, Atlanta. We strive to bring justice to those harmed by rogue and uncontrolled police officers. We also fight to uncover and prevent internal affairs departments from summarily dismissing inappropriate officer conduct.