Being arrested is a stressful and life-altering experience, but what happens if the arrest was unlawful? In Washington State, individuals who have been wrongfully detained may have legal grounds to sue law enforcement. A wrongful arrest—also known as false arrest—occurs when a person is taken into custody without legal justification. If you or a loved one has been subjected to an unlawful arrest, understanding your rights and legal options is crucial.

What Constitutes a Wrongful Arrest?

A wrongful arrest occurs when law enforcement officers detain someone without probable cause, a valid arrest warrant, or legal justification. This may happen due to mistaken identity, lack of evidence, or an abuse of police power. Even if an individual is later released without charges, the initial unlawful arrest could still be grounds for a lawsuit.

To successfully file a claim against law enforcement for a wrongful arrest, you typically need to establish one or more of the following legal claims:

False Imprisonment

False imprisonment occurs when someone is unlawfully restrained against their will. In the case of a wrongful arrest, this means being detained without legal authority. If officers lacked probable cause or a valid warrant, the arrest could be considered false imprisonment.

Violation of Constitutional Rights

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement arrests someone without probable cause or a warrant, it may be considered a violation of constitutional rights. Victims can file a civil rights lawsuit under 42 U.S.C. § 1983, a federal law that allows individuals to sue government officials for constitutional violations.

Malicious Prosecution

If an arrest leads to criminal charges based on false or misleading information, and the case is later dismissed or results in an acquittal, the victim may have grounds for a malicious prosecution claim. This claim requires proof that law enforcement acted with improper motives, such as personal bias, retaliation, or an intent to harass.

Police Misconduct or Abuse of Power

Law enforcement officers are required to follow strict procedures when making an arrest. If an officer fabricates evidence, lies in a report, or uses excessive force during an arrest, the victim may have a claim for police misconduct. Such actions not only violate legal rights but also undermine public trust in law enforcement.

Challenges in Suing for Wrongful Arrest

While victims of wrongful arrest have legal rights, suing law enforcement is not always straightforward. Officers are often protected by qualified immunity, a legal doctrine that shields government officials from liability unless they clearly violate an established constitutional right. To overcome this defense, plaintiffs must demonstrate that their arrest was unlawful and that a reasonable officer should have known it was unconstitutional.

What Damages Can You Recover?

If you successfully sue for wrongful arrest, you may be entitled to compensation for:

  • Emotional distress and psychological trauma
  • Lost wages due to missed work
  • Legal fees and court costs
  • Damage to your reputation
  • Physical injuries if excessive force was used

What to Do If You Believe You Were Wrongfully Arrested

If you have been unlawfully detained in Washington State, take the following steps to protect your rights:

  1. Remain calm and comply with the officer’s orders – Resisting arrest can complicate your case.
  2. Document everything – Write down names, badge numbers, locations, and witness statements.
  3. Obtain legal representation – A skilled civil rights attorney can evaluate your case and determine if you have grounds for a lawsuit.
  4. File a complaint – You may need to file an official complaint with the police department or an oversight agency.

Wrongful arrests can have lasting consequences, but victims have legal recourse. If you believe you were arrested without probable cause, it’s important to seek legal advice as soon as possible. The Law Office of Erin Bradley McAleer is committed to protecting your rights and holding law enforcement accountable for unlawful actions. Contact us today for a consultation and learn how we can help.