This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Arrest For Theft In Washington
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Multi-State
Control #:
US-000280
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FAQ
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
Proving False Arrest To be successful with a civil lawsuit pertaining to false arrest, you must prove three elements of your case. These are as follows: Law enforcement officials arrested you without a valid warrant, without a warrant at all, or without probable cause. You suffered actual harm as a result.
To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
The four elements of an arrest are the intent to arrest, authority to arrest, subjection to arrest and the understanding by the person arrested that an arrest has occured.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.
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We offer an informal complaint resolution service to Washington state residents, and to consumers with complaints about businesses located in Washington state. Have you or someone you know experienced unlawful discrimination?The Civil Rights Division may be able to help. What Crimes Can I Report Online? If you believe that you were the victim of an unlawful detention or false arrest at the hands of a law enforcement officer, contact a civil rights attorney. The following items must be provided before any investigation will be conducted:. False arrest occurs when an individual is detained or restrained without lawful authority. Not every crime that can be found in the Revised Code of Washington is included. After you fill out the form, please print and sign, and return to: Records Section Seattle Police Department 610 5th Avenue PO Box 34986. If they cannot, you will likely win your lawsuit.