False Arrest Examples In Pennsylvania

State:
Multi-State
Control #:
US-000280
Format:
Word; 
Rich Text
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Description

The document outlines a complaint for false arrest in Pennsylvania, highlighting the need for legal recourse against malicious actions by a defendant. It begins with the identification of the plaintiff and defendant, followed by specifics regarding the alleged false arrest, including details of affidavits filed by the defendant. Key features of the complaint include claims for compensatory and punitive damages due to emotional distress and harm to reputation. The form serves as a template for individuals who have experienced false arrest and seek legal remedy, particularly emphasizing the process of documenting wrongful acts and seeking appropriate compensation. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form useful for understanding the legal grounds for false arrest claims and guiding clients through the legal process. It emphasizes clarity in presenting claims and supporting evidence, making it accessible for users with varying levels of legal experience. Additionally, it provides structured sections to ensure detailed and organized presentations of legal claims.
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  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand
  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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FAQ

§ 2903. False imprisonment. (a) Offense defined. --Except as provided under subsection (b) or (c), a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.

Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.

Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.

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.

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.

A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.

What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.

False reports to law enforcement authorities. (a) Falsely incriminating another. --Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.

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False Arrest Examples In Pennsylvania