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Can You Sue the Police For Wrongful Arrest

Lawyer

Flynn Broady

Synopsis

Wrongful Arrest Defined Under Georgia Law

A wrongful arrest occurs when police detain someone without legal justification, violating constitutional rights.

  • Requires showing lack of probable cause or legal authority.

  • Can be pursued under state false arrest statutes or federal civil rights law.

  • Victims may seek compensation for damages such as lost wages, emotional distress, and harm to reputation.

Key Distinction from Lawful Arrests

  • Lawful arrests are supported by probable cause or valid warrants.

  • Wrongful arrests lack probable cause or rely on false information.

  • Qualified immunity may shield officers unless rights were clearly violated.

How Courts Decide Wrongful Arrest Cases

  • Courts examine whether probable cause existed at the time of arrest.

  • Review of police reports, witness testimony, and evidence presented.

  • Federal courts may apply the “objective reasonableness” standard under the Fourth Amendment.

Common Defenses Clients Should Know

  • Probable cause existed — the police claim they acted lawfully.

  • Qualified immunity — shielding officers from liability unless they violated clearly established rights.

  • Good faith reliance — acting on warrants or information believed to be valid.

Why This Matters

  • Wrongful arrest can cause lasting damage to reputation, employment, and freedom.

  • Successful lawsuits may recover financial damages and prompt policy reforms.

  • An experienced attorney can challenge the legality of the arrest and hold law enforcement accountable.

Applicable Case Law

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