Delaware Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention

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Multi-State
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US-02211BG
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Description

Persons who may be held liable under 42 U.S.C.A. §1983 for violating another person's federally protected rights include municipal corporations. A supervising authority, such as a city, may be liable under § 1983 for failing to train police officers when the failure to train demonstrates deliberate indifference to the constitutional rights of those with whom the officers may come into contact.


A police officer may be liable under state law for battery when he or she uses excessive force to affect an arrest. A police officer may also be found liable for damages under 42 U.S.C.A. § 1983 for violating an arrestee's constitutional rights by using unreasonable force in effecting an arrest.

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FAQ

§ 611. Assault in the third degree; class A misdemeanor. (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

RESISTING ARREST:--If a person has reasonable ground to believe that he is being arrested by a peace officer, it is his duty to refrain from using force or any weapon in resisting arrest regardless of whether or not there is a legal basis for arrest.

Title 11 - CRIMES AND CRIMINAL PROCEDURE.

(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime ...

A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury. Unlawful imprisonment in the first degree is a class G felony.

How to Contact the DSP To share a compliment about a member of the Delaware State Police. By Phone: Please call (302) 739-5911. By Mail: Delaware State Police. Superintendent's Office. ... To lodge a complaint against a member of the Delaware State Police. By Phone: Please call (302) 739-5990. By Mail: Delaware State Police.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. Criminal trespass in the first degree is a class A misdemeanor.

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Delaware Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention