Civil Rights Litigation Group

A People's Rights Law Firm

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False Arrest

False arrest is an unlawful arrest made without a warrant or probable cause. Both the Fourth and the Fourteenth Amendments of the U.S. Constitution were designed to protect citizens against this abuse of power. As such, if you were falsely arrested, you can file a lawsuit under 42 U.S. Code § 1983.

Denver False Arrest Attorney | Civil Rights Litigation GroupIn Colorado, false imprisonment is a common civil rights complaint, and victims can sue for a variety of damages.

If you were falsely arrested in Denver or the surrounding areas, find justice with the aid of a leading Colorado false arrest attorney at the Civil Rights Litigation Group.

What Constitutes False Arrest

Most false arrest cases in federal courts involve retail employees, retail owners, and private security guards. For instance, if the owner of a shop held you against your will under probable cause you had stolen something (and you hadn’t stolen anything) you may have a potential case. Other examples of false arrest can include:

  • Arresting the wrong person
  • Arresting a person based on race and/or ethnicity
  • Arresting a person without any probable cause that a crime had been committed
  • Arresting a person without stating the person’s Miranda Rights
  • Arresting a person due to incompetence, malice, or for personal gain
  • Arresting a person with an arrest warrant that the police officer obtained by submitting false evidence to the court

This is certainly not an exhaustive list of potential situations. As a general rule, if you feel that you are being arrested for a non-legal reason, you should consider consulting with a civil rights lawyer.

Federal Law and False Arrest Cases

False arrest is a violation of your Constitutional Rights, including the 4th Amendment right against unreasonable seizure of persons. A person who is arrested without probable cause can bring a civil action against the officer under 42 USC § 1983 for false arrest. The critical issue in this type of lawsuit, however, is the absence of probable cause. If the police officer did not have probable cause to arrest you, you may have a claim.

Potential Compensation in a False Arrest Case

False arrest lawsuits generally target the arresting officer, the police department, or even the township. For the most part, the lawsuit in these cases covers damages brought by mental distress and embarrassment. Other damages can include:

  • Wages that you lost during the time of arrest
  • Any damages to your reputation
  • Embarrassment
  • Physical harm or mental or physical illnesses suffered as a result of the arrest
  • Wrongful death
  • False imprisonment
  • Malicious prosecution
  • Other punitive damages

Protect Your Rights With Civil Rights Litigation Group

It is very important to note that if you plead guilty to a crime and then later found out that you had been wrongly arrested, the court can legally throw out your lawsuit and you cannot sue for damages. Furthermore, false arrest cases can be highly complex, especially if the defendant is a police department or township.

You can, therefore, benefit from the legal guidance and representation of an esteemed false arrest attorney. With extensive experience in the Denver, Colorado area, the Civil Rights Litigation Group is fully prepared to take on your case and aggressively pursue the responsible individual(s).

For a consultation with our false arrest attorneys, call the Civil Rights Litigation Group at (720) 515-6165.

Do you have a case?

Contact Us

Civil Rights Litigation Group, PLLC

1543 Champa St., Suite #400
Denver, CO 80202
Phone: (720) 515.6165
Fax: (720) 465-1975

Business Hours

Monday - Friday
9:00 am - 5:00 pm

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Civil Rights Litigation Group
1543 Champa St., Suite #400
Denver, CO 80202

Phone: (720) 515-6165

4.90 stars - based on 18 reviews

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  • Home
  • Attorney
  • Practice Areas
    • Constitutional Rights
      • Overview of Constitutional Rights
      • Coerced Confessions
      • First Amendment Retaliation
      • Speech Suppression
      • Indifference to Medical Necessity
      • Wrongful Death
      • Wrongful/Malicious Prosecution
    • Police Misconduct
      • Overview of Excessive Force
      • Fabrication of Evidence
      • False Arrest
      • False Imprisonment
      • Illegal Search and Seizure
      • Police Brutality
      • Prisoner Abuse
    • Employment Discrimination
      • Overview of Employment Discrimination
      • Age Discrimination
      • Disability Discrimination
      • Employee Rights
      • Family and Medical Leave Act
      • Gender Discrimination
      • Hostile Work Environment
      • Pregnancy and Nursing Mother Discrimination
      • Racial Discrimination
      • Sexual Harassment
      • Unlawful Termination
      • Whistleblower Protection
  • Press
  • Testimonials
  • Blog
  • Contact