False Arrest (Including Car Stop)
- Did you know that if you sue for false arrest (or false imprisonment), the arrest is presumed to be false? Did you know that all you need to prove is that the arrest occurred, and then the burden is on the officer to prove that it wasn't false? Did you know that to make a false imprisonment case, all you need is to show that you were "restrained of your liberty by words and acts which you feared to disregard"? Did you know that a car stop counts as an arrest and an imprisonment?
- Did you know that if an officer says he has a warrant for your arrest, you can demand to see the warrant AND the supporting affidavit, and if he arrests you without producing them, it's a false arrest? Did you know that the police routinely ignore and violate this law?
- Did you know that "sovereign immunity" only covers "discretionary" acts (where the officer has a choice about what to do) but does not cover "ministerial" acts such as executing an arrest warrant? Do you understand that an officer is personally liable for any misdeeds during a warrant arrest? Did you know that sovereign immunity does not cover an officer AT ALL if he breaks the law?
Standard Complaint Form
Do you realize that when the cops give you a traffic ticket, their employer (city or state) is suing you?
A traffic ticket is a "Summons and Complaint", which is the first step in a lawsuit.
When the cop hands you the ticket, he is performing "personal service" on you, the defendant.
That's just what we need -- standardized lawsuits.
Contact Us if you have been arrested.