Colorado Complaint Against Police Officer for Unlawful Arrest, Search, and Incarceration Resulting in Personal Injuries - Police Brutality and Unlawful Detainment

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US-02213BG
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Persons who may be held liable under 42 U.S.C.A. §1983 for violating another person's federally protected rights include municipal corporations. A supervising authority, such as a city, may be liable under § 1983 for failing to train police officers when the failure to train demonstrates deliberate indifference to the constitutional rights of those with whom the officers may come into contact.


A police officer may be liable under state law for battery when he or she uses excessive force to affect an arrest. A police officer may also be found liable for damages under 42 U.S.C.A. § 1983 for violating an arrestee's constitutional rights by using unreasonable force in effecting an arrest.

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FAQ

Alford, the Supreme Court reiterated the Fourth Amendment standards applicable in a § 1983 claim for false arrest: The Fourth Amendment protects ?[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.?

He's suing the police for false arrest.

A police officer arresting you after planting drugs or other illegal substances or items on you; a police officer forcing you to admit to a crime you did not commit to find a reason to arrest you; and. a police officer handcuffs you and searches your car without any reason to do so.

To prove false arrest, a person must prove three elements: the police officer arrested the person; the person was actually harmed; and. the officer's conduct was a substantial factor in causing the person's harm.

Examples of false arrest and false imprisonment situations An example of a false arrest is a police officer detaining someone without reasonable suspicion, probable cause, or an arrest warrant.

The State of Colorado has ?Stop and Identify? laws that require you to show your ID to the police when they pull you over for a traffic violation. The rule also applies when you're detained on a reasonable belief of being engaged in criminal activities.

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Colorado Complaint Against Police Officer for Unlawful Arrest, Search, and Incarceration Resulting in Personal Injuries - Police Brutality and Unlawful Detainment