Experienced wrongful arrest and imprisonment attorneys. The law generally requires that the guilty plea be vacated in order to bring forth state and federal challenges to the validity of an arrest:.Claims of false arrest and imprisonment under § 1983 and New York law are substantially similar. See Singer, 63 F.3d at 118. Although law enforcement officers are legally permitted to arrest and imprison others, these powers are not absolute. Summary judgment was properly granted on the basis of qualified immunity for police officers in a lawsuit against them for false arrest and excessive force. False arrest is a crime that causes harm to an innocent party who can sue for damages in a civil lawsuit. The defendant filled out an incident report about the assault but did not assist in applying for the arrest warrant. What happened to Pedro in that case should not happen to anyone, but in the Bronx it's everyday life. "false imprisonment" and "wrongful arrest" are two phrases I've seen in a dictionary.