South Carolina Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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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.

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FAQ

Many people think this occurs when the police make an arrest that is not ultimately supported by evidence. However, to be guilty of a false arrest, the police must have acted without probable cause, or in a way that otherwise goes beyond their authority or scope of power.

U.S. Reports: Edwards v. South Carolina, 372 U.S. 229 (1963).

Edwards v. South Carolina is significant because it limited states' ability to : restrict the freedom of speech. In March, 1961, a number of African-American high school and college students gathered at Zion Baptist Church in Columbia, South Carolina.

The Supreme Court argued the arrests and convictions of 187 marchers were an attempt by South Carolina to "make criminal the peaceful expression of unpopular views" where the marchers' actions were an exercise of First Amendment rights "in their most pristine and classic form." The Court described the common law crime ...

The subject of the question is a landmark Supreme Court case called Edwards v. South Carolina. The case protected people's right to assemble and express unpopular views in a peaceful way. It did not aim to stop something from being printed or allow protests on private property.

Held: In arresting, convicting and punishing petitioners under the circumstances disclosed by this record, South Carolina infringed their rights of free speech, free assembly and freedom to petition for a redress of grievances -- rights guaranteed by the First Amendment and protected by the Fourteenth Amendment from ...

(B) A person who violates the provisions of this section is guilty of the misdemeanor offense of false imprisonment and, upon conviction, must be fined not more than one thousand dollars and imprisoned for not more than three years.

In Edwards v. South Carolina, 372 U.S. 229 (1963), the Supreme Court ruled that South Carolina had violated students' First Amendment rights of peaceable assembly, speech, and petition when the police dispersed a peaceful protest against segregation.

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South Carolina Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand