What's the definition? IF someone was arrested falsley, maybe an error in identification, would one have a high probability of winning a law suit for false arrest?
What's the definition? IF someone was arrested falsley, maybe an error in identification, would one have a high probability of winning a law suit for false arrest?
An arrest made without probable cause is a false arrest. Whether yours was one and how much you can expect to win are questions you should ask a lawyer about. I know I found a lawyer for my case, perhaps you should do the same. It'll depend on the facts of your case and what state you're in, neither of which you seem to have posted.
That would depend on whether or not the error in identification was egregious and constituted negligence, or if it was reasonable. An arrest requires only probable cause to believe the person contacted is the subject on the warrant which can be a pretty low standard. Even if the officer failed to exercise diligence in verifying the identity of a subject of a warrant, the likelihood of a winning lawsuit would also depend on damages. If the person was arrested and taken in, and after fingerprinting determined not to be the person on the warrant, he would likely be released. Being in the jail for a few hours may not be sufficient to support a successful lawsuit as the damages would be minimal.
In short, the person would have to show some form of intentional negligence beyond a simple mistake.
I was arrested for using an counterfit bill,
Story, I am a father of two I own and operate
my own biz, I make good money, I went with my friends
to a club in newyork call suzywong located on 27th
street b/w 9 and 10 ave, as we went inside there were
70 people inside, I purchased 3 drinks from the bar and
used a us 100 bill the bartender checked the bill 2 times gave
me the change and that was it.
Now after 1 hour the manager comes to me and ask me to
come in the back where they have 2 security guys standing
I asked what's the matter, they said I used 4 counterfit bills
and the bartender pointed me out, I replyed I only went to the
bar once. But he didn't care what I had to say.
He said give me 400 dollars or I will call the cop
I said go ahead, cops came he showed the bills, I told them check
your tapes you will see I only went to the bar once
they didn't listen to anything and arrested me.
My question is can I sue the night club and nypd.
No to both.
1. If you passed some phony bills, whether or not you knew they were fake, what TORT is the club guilty of in detaining you? I don't see any.
2. As was stated, for an arrest to be false, it means no probable cause existed to do so, in other words, mainly, a fabrication of evidence.
To "successfully" sue the police you will need to prove they violated "clearly established law", as they enjoy, per the United States Supreme Court, "Qualified Immunity", that is a hard burden to overcome.