A person is a victim of false arrest and often false imprisonment when they are forcibly arrested against their will. A wrongful arrest lawsuit may enable victims who have been wrongfully arrested or imprisoned to recover damages for their physical, emotional, and financial damages.
Victims of wrongful arrest go through severe financial hardships. As the lawsuit continues, expenses and financial strains increase. A wrongful arrest lawsuit loan could be a lifeline in this situation. With lawsuit funding from High Rise Financial, you can cover your ongoing expenditures while your lawyer battles for your rights.
What is Wrongful Arrest?
Wrongful arrest, sometimes referred to as false arrest, happens when someone unlawfully takes you into custody against your will. When acting outside the boundaries of their authority, law enforcement officers may commit this crime. The wrongful arrest is a civil rights violation, making it possible for the victim to file a civil lawsuit for damages.
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Who Could Be Involved in Wrongful Arrest?
- Police officers
- Federal officers
- State police
- Loss prevention officers
- Highway patrols
Is it Legal to Sue for Wrongful Arrest?
A wrongful arrest is a misuse of authority. The states give law enforcement officials certain power. They are provided with a badge, a weapon, and the legal right to make street arrests. However, this power carries with it the need to observe its limits. For this reason, every law enforcement officer takes an oath to adhere to the rules of the U.S. Constitution. If an officer violates these laws, the victim has the right to sue and can bring a wrongful arrest lawsuit against that officer. Furthermore, a victim can file a lawsuit in a state or federal court in the U.S.
Protection of the Rights of Wrongful Arrest Victims under the U.S. Constitution
Wrongful arrest violates constitutional rights. In some cases, this kind of infringement enables the victim to challenge police privilege while holding the officer accountable for a wrongful arrest.
Following are the laws and amendments that permit taking legal action against the person who made a wrongful arrest:
Section 1983 – Deprivation of Civil Rights
People usually file complaints alleging civil rights violations when claiming that a law enforcement official wrongfully arrested them. According to 42 USC § 1983, wrongful arrest-related civil claims are filed based on the Fourteenth Amendment’s guarantee against deprivations of freedom without proper legal process. According to Section 1983, anyone acting under the color of law that violates someone’s constitutional rights will be accountable to the wronged party.
The Fourth Amendment – Unreasonable Search and Seizure
The Fourth Amendment protects citizens from unreasonable searches and seizures. It forbids the police from arresting without a valid warrant or reason to believe the subject has committed a criminal act. Additionally, it prohibits the police from inspecting an individual or their vehicle without a warrant, entering an individual’s home without their consent, or temporarily detaining someone without cause. A law enforcement official will be held liable when they violate someone’s Fourth Amendment, which is protection against unlawful search or seizure.
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Requirements for Deciding Whether an Arrest was Wrongful
In order to determine whether a wrongful arrest constituted a violation of the 4th Amendment, the court specified three requirements since police officers might make sincere mistakes concerning who they arrested. These requirements are:
- To detain the victim, the police must employ physical force or display authority.
- The victim must feel restrained from leaving (like handcuffed or kept in a locked room or a police cruiser).
- The police must have purposefully restricted the individuals’ mobility rights without reasonable cause.
It may be challenging to prove the second condition and, therefore, difficult to claim wrongful arrest if the police officer explicitly declares that the person is not under arrest or requests the person to accompany him freely.
How to Get Pre-Settlement Funding for a Wrongful Arrest Lawsuit?
For individuals seeking a wrongful arrest lawsuit loan, we have simplified the application process:
- Go to our Apply Now page and fill out our settlement loan application form with your name, contact, and lawsuit details.
- After evaluating your case, our team of underwriters will get in touch with you and your lawyer to determine the pre-settlement loan amount we can pay you for your case.
- After signing all paperwork, we will deposit the lawsuit funding into your bank account, usually within 24 to 48 hours.
Request a Wrongful Arrest Lawsuit Loan Today
We at High Rise Financial are aware that you have gone through a terrifying experience. Therefore, we want to help you relieve your financial pressure so you can restart your life. Additionally, the process for a wrongful arrest lawsuit loan with High Rise Financial is simple and hassle-free. Call us at (866) 407-6404 to speak with a member of our staff. Let us help you in your fight for the compensation you deserve!