How to get a civil recovery for a false arrest?

I was taken into custody for public intoxication. State law states that the officer has to observe the behavior before arresting anyone for a misdemeanor. This officer admitted (including in the police report) that I was sitting on a bench and his action was solely based on hearsay and the bruises (from exercise) on my legs. Again, statelaw completely forbids this and obviously the prosecutor dropped charges. What are my chances of recovering attorney fees from the city?

Asked on October 18, 2011 under Criminal Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best source to answer your question is for you to consult with a personal injury attorney specializing in suing governmental entities for wrongful conduct. You will also have to submit a claim to the governmental entity before you actually can file a lawsuit.

In order for you to prove your case for false arrest you have to establish liability and actual damages besides emotional distress claims. You will also have to retain a standard of care expert most likely concerning custom and practices of law enforcement in your community.

Good luck.

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