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Complaint against Police Officers and Municipality for False Arrest -...

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

Name: Wayne Michigan Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention
Brand: US Legal Forms
Rating: 4.58 (355 reviews)

Category:

Civil Actions - Complaints - Unlawful or Wrongful Imprisonment

State:

Multi-State

County:

Wayne

Control #:

US-02211BG

Format:

Instant download

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

The restraint or detention by one person of another without lawful justification (probable cause, a valid arrest warrant, or consent) under an asserted legal authority to enforce the process of the law. False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense.

In Georgia, false imprisonment is a felony that occurss by the unlawful confinement of a person without his valid consent. Generally, false imprisonment is accomplished by force or threat of force.

The penalty for being convicted of false imprisonment in Georgia is confinement for at least one year but less than ten years, and the conviction will be deemed a felony. A suspect could also be subject to fines as well.

False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area.

The difference between false arrest and false imprisonment is subtle, but important. A false arrest involves a defendant asserting that he has the backing of the law. False imprisonment is any unlawful confinement. Like false imprisonment, false arrest can also be a crime as well as a tort.

Other restrictions on misdemeanor arrests An officer cannot make a warrantless arrest of a person for a stale misdemeanor, which occurs when an adult commits a misdemeanor in the officer's presence, but the officer fails to arrest the adult within a reasonable time afterwards.

Punishment for false imprisonment includes fine, imprisonment, or both. False arrest and criminal confinement have been recognized as other forms of false imprisonment. In false arrest an individual who is detained mistakenly believes that a person who had detained him/her has legal authority to conduct an arrest.

While you aren't legally required to show ID during detainment, not doing so means they will need to take time to identify you. The maximum amount of time you can be in police custody without charges is 48 hours not including weekends or legal holidays; technically it can be up to 72 hours because of this.

False Arrest the act of detaining a person unlawfully on groundless accusations that the person has committed a crime.

(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.

More info

Elements of False Imprisonment. In the practice of law, the "elements" of a civil rights claim refer to the facts you must prove to receive compensation.Neighbors had a Cite and release warrant out of Lebanon Municipal Court for FTA on a criminal citation. She was issued a citation in lieu of custody. (E) order that the defendant be arrested and brought before the nearest appropriate magistrate in the county of arrest. NOTE: Court clerks cannot provide assistance in completing any of these forms. Fort Collins arrests suspect in arson. That's according to a post on the Fort Collins Police Services Facebook page. For example, a police officer. Kearney, NE Police Arrests, Mugshots and Inmate Search .

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

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