Quick Guide To False Arrest

Q&A

NY recognizes false arrest and false imprisonment to be one of the same.

Elements of False Arrest

  1. Intent to Confine
  2. Conscious of Confinement
  3. No consent to confinement
  4. Confinement is not privileged

The Burden of Proof is:

  1. Intent to confine – Plaintiff
  2. Consciousness of confinement – plaintiff
  3. No consent to confinement – plaintiff
    1. If an arrest was based on a warrant the defendant has the burden to prove probable cause.

Confinement does not need to be confinement in jail, confinement can be by private party i.e. store security guard. Jacques v. Sears, Roebuck & Co., 30 N.Y.2d 466 (1972). Being stopped by retail store security for alleged shoplifting is considered confinement.

Elements for Malicious prosecution

  1. Initiated or continued a judicial proceeding
  2. No probable cause
  3. Actual Malice
  4. Termination of proceeding in favor of accused

Burden of Proof:

Plaintiff has burden to prove all element

Statute of limitations

Notice of Claim- For false arrest claim against the NYPD, you must file within 90 days from the date of arrest.

Notice of Claim- For a malicious prosecution claim against the NYPD, you must file within 90 days from the date of dismissal.

State Court- Battery.  One year from date of incident. Includes excessive force and brutality.

Federal Court- Under 42 USC 1983, Three years from the date of incident.

 

 

 

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