This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
False Arrest And Imprisonment In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000280
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FAQ
False arrest is specified by both state and federal statutes. You are considered to have been placed under false arrest if the person detaining you did so without probabe cause. If you are placed under arrest without having committed a crime, chances are high that you have a case for false arrest.
A false arrest victim claim must allege that the employee of the retail establishment caused or directly procured his arrest without any evidence of a criminal violation, and that the restraint was unreasonable, unwarranted under the circumstances, and against the person's will.
The four elements of an arrest are the intent to arrest, authority to arrest, subjection to arrest and the understanding by the person arrested that an arrest has occured.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
Proving False Arrest To be successful with a civil lawsuit pertaining to false arrest, you must prove three elements of your case. These are as follows: Law enforcement officials arrested you without a valid warrant, without a warrant at all, or without probable cause. You suffered actual harm as a result.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.