Kentucky Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention

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Multi-State
Control #:
US-02211BG
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Word; 
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Description

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

In Kentucky, Resisting Arrest is a Class A misdemeanor, carrying a penalty of up to 12 months in jail and a maximum fine of up to $500, plus court costs.

Kentucky Law on Resisting Arrest While resisting arrest is listed as a misdemeanor in Kentucky, it is important to realize that acting with violence, or the mere threat of violence, toward an officer will result in harsher penalties. A person who is violent or threatening toward an officer may be charged with a felony.

Ing to Kentucky Statute 520.090, the crime of resisting arrest is a Class A misdemeanor. Class A misdemeanors in Kentucky carry a possible jail term of up to one year and a possible fine of up to $500. It is crucial to note that some behaviors can result in more serious charges.

Section 509.020 - Unlawful imprisonment in the first degree (1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.

Resisting Arrest in Alabama Resistance to arrest only occurs when law enforcement is prevented from making a lawful arrest. This distinction is crucial because you cannot be convicted of resisting arrest for an arrest that is unlawful.

False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment.

Resisting arrest without violence is a misdemeanor. Resisting arrest with violence, though, is a felony.

The Police Officer Bill of Rights is designed to establish administrative due process rights in disciplinary matters concerning officers who participate in the Kentucky Law Enforcement Foundation Program fund. It also provides a means for redress by citizens for wrongs allegedly done to them by officers.

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Kentucky Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention