If you have ever been falsely arrested by an officer of the law, then you know that it can be a humiliating experience. However, you have civil rights guaranteed by law, so you may be able to sue the arresting officer for a false arrest.
How do you sue for a false arrest?
In order to prove that an officer violated your civil rights, you must show that the officer acted with malice or reckless indifference to your civil rights. Malice means that the officer knowingly and intentionally violated your civil rights.
Reckless indifference is a legal term meaning, in this case, that the arresting officer was “extremely careless” or showed “indifference to the consequences of their acts.” This can be difficult to show, but it may mean that you have a case.
Consider probable cause
It’s difficult to pursue a police officer for civil rights violations if he or she had probable cause for your arrest. Probable cause is a legal term used in criminal law and civil litigation cases that means the officer had a reasonable belief that you committed a crime. Therefore, in this situation, you will need to show that the arresting officer had no probable cause to take you into custody.
How long do you have to file?
If you are thinking about suing for civil rights violations, it is important to note that the statute of limitations varies by state law. In New York, you have three years to file your civil rights claim, but the time may be shorter in other states. If you file later than that, you can still file, but you may not be able to recover damages.
It is important to note that civil rights violations are serious charges. You need to have sufficient evidence with documentation or other proof in order to support your case.