Wrongfully arresting someone is detaining and restraining someone without any legal justification, hindering the victim’s liberty. Police officers and private security companies have the legal right to detain criminals. However, they must have a warrant or probable cause to do so. Both private citizens and the police can be held accountable and get sued for monetary damages if they wrongfully detain other citizens. The victim can either sue the perpetrators in a civil rights lawsuit or file a complaint with the perpetrator’s police department.
Moreover, even if a police officer has a warrant, it can be invalid if it does not identify the person to be restrained, it does not state the crime the person is being detained for, it does not state which court issued the warrant and if the police misled the judge to believe they have probable cause to detain the victim. If you have been wrongfully detained or restrained, you should immediately contact a New York false arrest lawyer for legal assistance. There are several options you can take to enact your rights after wrongful detainment.
Filing complaint with the police department
If you have been detained without any legal justification, you can file a complaint with the police officer’s department so they can face repercussions for what they did to you. The most serious consequence an officer can be subjected to is facing criminal charges. Alternatively, they can also be fired, suspended, or retrained.
Filing motion to disregard evidence
If you have been charged, you can file a motion to disregard any criminal evidence that was obtained during the unlawful exercise.
File lawsuit against the officer
If you want to exercise your legal rights, you can sue the police department and the officer for civil rights violations. Your lawsuit can either be filed in federal court or state. However, the challenge with civil lawsuits is that police officers may be shielded by qualified immunity. Moreover, the lawsuit can demand a court order, also known as an injunction. If the lawsuit is successful, the court will require the department to either fire the officers, retrain them, or change policies of arresting people.
Demand monetary compensation
The lawsuit may require the liable party to provide monetary compensation to their victims. However, obtaining monetary compensation such as punitive damages is very challenging. This is because police officers such as government officials are usually protected by qualified immunity. Qualified immunity refers to defence that shields many government officials from lawsuits they may get while in the line of work. Despite these challenges, a great attorney can help you get compensated for any losses you have sustained including medical bills and punitive damages.
Conclusion
There are many legal options for people who have been detained and restrained without legal justification. They can file a complaint with the police department, file a lawsuit against the perpetrator, file a motion to disregard the evidence obtained during the detention, and demand monetary compensation. Victims can explore these options with the help of qualified and experienced attorneys.
