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

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Multi-State
Control #:
US-02211BG
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Word; 
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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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  • Preview Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention
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FAQ

Section 340 of the Indian Penal Code addresses false imprisonment by the name of ?wrongful confinement?. The tort of false imprisonment signifies a form of human rights violation as it puts a constraint on the liberty of a person completely.

False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense. Some jurisdictions distinguish between false arrest and false imprisonment, maintaining that a charge for false arrest requires the arresting party to have asserted the legal authority to make arrests.

What it comes down to is evidence, if you have been caught during the commission of a crime then you can be arrested on the spot, charged at the police station and interviewed under caution. If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you.

If you wanted to bring a claim of wrongful arrest, the allegation would hinge on two main things: Whether the officer should or shouldn't have believed that the person may have been involved in a criminal offence or about to commit an offence. Whether or not it was necessary to conduct an arrest.

False imprisonment is a common law offence involving the unlawful and intentional or reckless detention of the victim. An act of false imprisonment may amount in itself to an assault. If a separate assault accompanies the detention this should be reflected in the particulars of the indictment.

To succeed on a Section 1983 claim, a plaintiff must prove that his constitutional rights were violated, and that the violation was caused by a person acting under color of law.

If your arrest is unlawful then the police do not have legal authority to detain you. So, if you have been wrongly arrested and taken to the police station, this would be classed as false imprisonment and you may be entitled to compensation.

The essential elements of false imprisonment are: Willful detention; Without consent; and. Without authority of law.

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