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 By Police In Tarrant
Category:
State:
Multi-State
County:
Tarrant
Control #:
US-000280
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FAQ
Examples of Unlawful Arrest Being forced or coerced by an officer to admit to a crime you didn't commit. Having drugs or other contraband planted on you. You annoyed an officer but didn't break any law. There's no reason to search your car, but the officer does so after placing handcuffs on you.
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.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
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.
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.
Victims of false arrest can seek justice by filing a civil rights lawsuit. However, law enforcement officers and agencies have robust legal defenses to civil rights claims, including a qualified immunity defense.
Texas law clearly states that an unlawful arrest or search is not grounds for defense when facing charges of resisting arrest. Basically, this means even if the arrest or search turns out to be unlawful, you still can't resist the arrest as it happens.
The officer says "stop resisting" again, and a few seconds later another voice says "she's bleeding." The video ends with what sounds like someone snoring. Rodriguez was treated at a hospital for her injuries and was later arrested on multiple charges, including resisting arrest and evading arrest.
A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law.