What Is False Arrest?

How to File a False Arrest Lawsuit

A false arrest claim typically isn't brought by itself. Chances are there will be other intentional tort claims, negligence claims, and possibly claims under the United States Constitution. The basics of filing a false arrest lawsuit will depend, in large part, on whom you're suing and what legal claims you're bringing.

Let's divide the cases into two categories:

• a false arrest claim against only private parties, and
• a false arrest claim against the police and the government, with or without claims against private parties.

In both these categories, for reasons we've covered, we're assuming that false arrest is just one of several claims involved in the lawsuit.

False Arrest Lawsuit Against Private Parties

Here's a brief overview of where you should sue, whom you should sue, and the claims you should include. Keep in mind, though, that you should hire an attorney to handle the case for you.

Where to Sue

In nearly all cases against one or more private parties, you should file the lawsuit in state court, usually in the court nearest to where the arrest happened.

Whom to Sue

Odds are the arrest took place at a retail store or somewhere like a restaurant, bar, or nightclub. You—or better yet, your attorney or their private investigator—will need to do some digging to find out whom to sue. The defendants could include:

• each private security officer, bouncer, or other employee who made or was involved in making the arrest
• the company that employs the people who made the arrest, and
• the company that owns and operates the business where the arrest happened, if different from the employer of the people who made the arrest.

You might also need to sue other people or companies, depending on the facts and the claims you bring.

What to Sue For

When you file a lawsuit, the general rule is that you must include all claims that arise from the events of the case. Stated a bit differently, you can't divide up a lawsuit into different claims and then file separate cases. That's called "claim splitting," and it's against the rules.

The odds are that you'll have more than just a false arrest claim. For example, you'll probably want to bring claims for other intentional torts like assault and battery and intentional infliction of emotional distress. If you want to include claims for failure to properly train or supervise the people who made the arrest, you should sue for negligence.

False Arrest Lawsuit Against Police and Government

Here's a brief overview of the filing basics when the defendants are public entities like the police, a city, or a county.

Where to Sue

As before, you must file suit in the state where the arrest happened. In this case, though, you'll almost certainly want to include claims under federal law and the United States Constitution. For this reason, you should typically file the case in the nearest federal district court, even if the case also involves private parties (like someone who wrongly held you before the police unlawfully arrested you).

Whom to Sue

Here, too, there are several defendants you might sue:

• Each law enforcement officer who was involved in the arrest, plus any officers involved in transporting, processing, or charging you, or in caring for or monitoring you while you were being held.
• Each law enforcement agency that employs any involved officer. (In some states, law enforcement agencies aren't legal entities that can be sued. If so, the judge will dismiss them.)
• Each city or county served by any law enforcement officer or agency involved in the arrest.
• Any private parties who were involved.

What to Sue For

You'll probably want to bring claims for violations of the United States Constitution against the police, the cities, and the counties you sue. For instance, because you're claiming you were falsely arrested, you should bring a claim for an unreasonable seizure in violation of the Fourth Amendment.

You'll want to bring other constitutional claims too. The police probably searched you as part of the arrest, meaning you should bring a Fourth Amendment claim for an unlawful search. If the police used excessive force to make the arrest, that's another Fourth Amendment claim. You might have other constitutional claims as well.

Think about adding state constitutional claims to your case. For example, your state constitution offers protections against unlawful searches and seizures much like those of the Fourth Amendment.

In addition to your constitutional claims, you should bring intentional tort claims against the arresting officers. False arrest, assault, battery, malicious prosecution, and intentional infliction of emotional distress are among the usual claims.

Finally, if private parties are also defendants, you'll bring the kinds of claims discussed above against them, too.