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Civil Lawsuits for False Arrest

Unfortunately, businesses, security officers and law enforcement professionals sometimes overstep their authority and restrain people in a manner that violates the civil rights we all enjoy as citizens of the United States. If you have been unlawfully arrested or unreasonably detained in Georgia, the Atlanta civil rights lawyers at Katz Personal Injury Lawyers can help you recover compensation for physical harm, mental trauma, financial losses, public humiliation, and any other consequences of a false arrest.

What is False Arrest?

False arrest is a type of false imprisonment carried out by a person or organization who claims to have, or creates the impression of having, authority to make a criminal arrest. In broad terms, you may be the victim of false arrest if someone, acting with such authority, places you under arrest against your will and without "probable cause." Probable cause is the legal term describing events that would lead a reasonable person to believe a crime had been committed.

Both Georgia law and federal law protect people from false arrest. In fact, a false arrest is a direct violation of your 4th Amendment right to be secure against unreasonable searches and seizures without probable cause. The very purpose of the 4th Amendment is to protect citizens from false arrest.

Requirements for False Arrest Claims

There are three requirements for an act of restraint or detention to qualify as a false arrest. These are:

  1. Use of force or a show of authority
  2. Genuine belief that you are not free to leave
  3. Intentional restriction of movement or freedom without probable cause

A false arrest can happen with or without police involvement. Indeed, many false arrest claims involve private security firms and security guards. Retail stores, supermarkets, hotels, apartment buildings, nightclubs, and many other businesses and venues hire private security firms to monitor their premises. When a security guard detains someone, implying they are going to be arrested, they must adhere to strict procedures and have a good reason to do so. If a security guard presents him or herself as an officer of the law or applies physical restraint without cause, the security guard (and his or her employer) may be liable for damages arising from false arrest.

Call the Legal Team at KWF about Making a Claim for False Arrest

If you were unlawfully restrained or detained by a police officer or a person acting with the authority of a police officer, please contact the Atlanta false arrest lawyers at Katz Personal Injury Lawyers to discuss filing a lawsuit for damages. Your first consultation with one of our experienced attorneys is free and confidential, and you pay no attorneys’ fees unless we successfully resolve your claim. Our office is here to serve you at 404-460-0101.

Client Reviews
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
After my car accident, I was looking for an attorney and came across the name Katz Personal Injury Lawyers. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
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