False Imprisonment After an Acquittal: Can You Sue the State?

Anyone can sue for anything if they have the money. However, to collect on a case such as a false arrest and imprisonment, they would have to prove that the arrest was made in 'bad faith' to collect. They would also need to show that the police KNEW the person was innocent. An average cop, for the most part, does not knowingly arrest and prosecute innocents. There is nothing to gain and a lot to lose.

If you were held without bond and it caused financial hardship or job loss due to your incarceration, you should CALL or FIND an attorney. Everyone has a website now, and the internet is a powerful tool for finding the right legal representation.

The Legal Landscape in the United States

Being acquitted in the United States is insufficient to establish a violation of legally protected rights. Without specific case details on how probable cause was determined, there is insufficient information to determine if a cause of action can be established.

Tort Claims Against the Government

Yes, one can sue, but note that the time to file a tort claim against the government is extremely short. By the time your case is dismissed, you may have already exceeded the deadline to file.

Understanding False Imprisonment

Wrongful Imprisonment is a form of personal injury where the injury is to your freedom and reputation. It occurs when someone is detained without legal justification, such as in the case of a false arrest or an illegal detention. If you are wrongfully arrested and jailed despite being found innocent, you may have grounds to sue.

Grounds for a Lawsuit

To successfully sue for wrongful imprisonment, you need to prove that your arrest and detention were unlawful. This could include showing that there was no probable cause for the arrest, that the procedures used were illegal, or that the conditions under which you were held were inhumane.

Damages and Remedies

Depending on the circumstances, you might seek compensation for emotional distress, reputation damage, lost wages, and legal expenses. Emotional distress covers the mental anguish and trauma you experienced from being wrongfully detained. Reputational damage arises from the public nature of the arrest, which might have harmed your professional and social standing. Lost wages are for the time you were unable to work, and legal expenses encompass the money you spent on defending yourself.

Statute of Limitations and Immunity

Be aware that there is a time limit to file these lawsuits, often specified by the statute of limitations in your jurisdiction. Public officials, including police officers, sometimes have immunity from certain types of lawsuits. However, this immunity is not absolute, especially in cases of gross misconduct.

Gathering Evidence and Seeking Legal Advice

Gathering all relevant evidence is crucial. This includes arrest records, legal documents from your criminal case, and any other evidence supporting your claim of wrongful imprisonment. Consulting with a lawyer who specializes in civil rights or personal injury law can help you evaluate your case, determine the likelihood of success, and guide you through the legal process.

The Impact of Wrongful Imprisonment

Wrongful imprisonment can have a profound impact on a person's life. It goes beyond the time lost; it also involves the emotional and reputational damage that often accompanies it. If you find yourself in such a situation, remember that the law is there to protect your rights and provide remedies for the wrongs you have suffered. Seeking professional legal advice is a crucial step in this process.