Skip to Content
A federal claim can be brought under Section 1983.
Federal Claim under Section 1983: A claim can be pursued under Section 1983 at the federal level. To succeed, the burden of proof lies with the claimant to demonstrate that the law enforcement officer lacked probable cause for the arrest. If an arrest is supported by probable cause, a federal or Section 1983 claim is not viable.
Probable cause for arrest exists when, at the time of arrest, the facts and circumstances known to the officer, along with reasonably reliable information, would lead a prudent person to believe that the suspect had committed or was in the process of committing a crime. It’s important to note that probable cause is assessed from the perspective of the law enforcement officer, not the victim.
Florida State Law Claim for False Arrest: In Florida, false arrest is defined as the unlawful restraint of a person against their will. To establish a claim, the plaintiff must demonstrate three elements:
A Florida state law claim for false arrest.
- Unlawful detention and deprivation of liberty
- Unreasonable detention not warranted by the circumstances
- Intentional detention.
At the state level, the defendant law enforcement officer bears the burden of proof in demonstrating that probable cause existed for the arrest.
It's essential to remember that an arrest is considered valid if based on a warrant or probable cause.
Probable Cause
Probable Cause: Probable cause is a concept that lacks precise definition. Florida courts have stated that probable cause is a reasonable ground to believe in the guilt of an individual.
This implies that probable cause depends on the specific facts and circumstances of each case. It is necessary to determine what constitutes probable cause under Florida law for the particular offense or crime in question.
It’s crucial to keep in mind that unless there is evidence of the police officers providing false information in obtaining a warrant or effecting the arrest, a claim for false arrest will not be viable if the individual was convicted or pleaded guilty.
If you have inquiries regarding your false arrest situation, we recommend seeking assistance from our experienced false arrest lawyers. Contact us today for help and guidance.
