Typically, a case like this will get filed as a violation of the arrested person's civil rights, under 42 U.S.C. sec. 1983; specifically, the complaint would allege a warrantless arrest without probable cause, in violation of her rights under the Fourth and Fourteenth Amendment to be free from unreasonable seizures of her person.
That suit can be brought in the U.S. District Court, and any state law requirements, for advance notice of a suit or other special conditions for suing the polilce, don't apply to the case. She can sue for damages and, if she wins, for her attorneys' fees, under 42 U.S.C. sec. 1988.
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