Thursday, February 4, 2010

Can you sue the police for false arrest?

I called the police to my home my car was broken into. The ran my license and said that I had a warrant for my arrest. Before I knew it I was handcuffed and placed in the police car. I was not told what I was being arrest for until I got to jail. Someone had used my SS and gave my name, After spending the night in jail they realized that it was not me. SInce then I had to get a new SS number and drivers lic. It's been a night mare becase the police did not do their job when the booked this person. Can I sue them??????Can you sue the police for false arrest?
As long as the police act in good faith they are immune from prosecution when they arrest someone.


If they picked you up and imprisoned you just because they did not like you, they would be liable but unfortunately for you that had a legitimate reason to suspect you were wanted on warrant. It is not the police's fault someone stole your Identity.Can you sue the police for false arrest?
Yes, you can sue for false arrest. But you have to prove that they didn't do their job properly and took inappropriate actions.





They have to go on what information they have at the time though. If they didn't have the information available to realize it was not you, then there's nothing you can really sue them for because it sounds like they released you as soon as they figured out it was not you.





Honestly, I think that would be a tough case to win. You may want to consult with a lawyer. Normally, the first visit to a lawyer is free.





You'd have a much better chance suing the person who stole your SS ID if you could find out who that was. That case you could probably win.
You can sue, but you probably don't have a chance. To establish false arrest/imprisonment, you would have to show that they acted recklessly in arresting you. They would say that they had no way of knowing that your SSN had been stolen and that their behavior was not reckless under the circumstances.





The person you really should sue is the person who stole the number.
Sure you can sue them.





But they had probable cause to arrest you. There was an arrest warrant issued in your name, and they took you to jail because of it. As long as they acted in good faith, you will lose.





And I have never, EVER heard of someone who had their identity stolen given a new Social Security Number. You only get one of those.





Something tells me that you are not being truthful about the whole story...
You can only sue if the police arrested you for a malicious reason. This was a simple case of someone ELSE breaking the law. It's that person you need to sue, not the police.
Yes, call an attorney now, no, even better, drive down and insist on talking an attorney in person.
NO, goodluck
No.

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