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 Wright Fleming Dodson & Mildenhall, LLC 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 places you under arrest, acting with such authority, against your will or 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 implicate 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, the 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 KWFDM 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 Wright Fleming Dodson & Mildenhall, LLC 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.

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