False Arrest Claims under 42 USC § 1983 - False Arrest Claims under Florida Law - Juvenile Falsely Arrested in Clay County

How do you prove a claim of False Arrest in Florida?

How do you prove a claim of False Arrest in Florida?

An innocent juvenile spent 35 days in the Clay County Jail after three deputies failed check that they had the correct suspect based on a photo lineup. The correct suspect was another student at the high school with the same name. The three deputies involved have been disciplined.  According to published reports, "The mistake wasn't discovered until the teen received court documents detailing the charges against him." Reports also indicate, "Authorities say investigators failed to confirm their suspect's identity with a photo lineup. They actually had been seeking another student at the same high school with the same name."

False Arrest Claims under 42 USC § 1983

The University of Chicago Law review notes, "Under § 1983, citizens may seek redress for violations of their constitutional rights by state or local officials,9 including police officers. The statute guarantees that “[e]very person who, under color of any statute, ordinance, regulation, custom or usage, of any State or

Territory . . . subjects . . . any . . . person . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” A § 1983 action has two essential elements: that the alleged injury was committed by a person acting under color of state law, and that this conduct deprived the person of a right “secured by the Constitution and the laws” of the United States."

False Arrest Claims under Florida Law

The University of Chicago Law review also notes "the only difference between the federal § 1983 claim and the pendent state claim was the placement of the burden of proof—under Florida law, probable cause was an affirmative defense, while in the Eleventh Circuit, the “plaintiffs had the burden of demonstrating the absence of probable cause in order to succeed in their § 1983 claim.”"

If you have been the victim of a false arrest, please contact our office for a consultation.

Authored by: Jennifer Salter, Esquire
For the full report, please see: http://www.wcjb.com/local-news-state-news/2014/02/teen-spends-35-days-jail-after-mistaken-arrest

Source: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/73.1/73_1_Newman.pdf

False Confession

False Confession, False Arrest

Hernando County Sheriff’s Detective interrogates 18-year-old high school senior for 12 hours, one bathroom break, and no food, ending as the 18-year-old left the sheriff's office in handcuffs arrested on Masaryktown murder charges. Months later, a DNA match leads investigators to another suspect who would be convicted and sentenced to life in prison.

"The bottom line is that the statement [the 18-year-old high school senior] gave was not a free and voluntary statement," Assistant State Attorney Pete Magrino said.

Attorney Michael P. Maddux, is available to assist you. Contact our office Toll Free at 1-888-703-2253 or locally at 813-253-3363.

Hernando County Courthouse Defense Lawyer Attorney 34601

False Confession, False Arrest, Juvenile Death Penalty, Florida Defense Attorney, Florida Defense Lawyer, Free and Voluntary Statement, Murder Charges, Life in Prison


View Larger Map of Hernando Brooksville FL 34601

Source: http://www2.hernandotoday.com/content/2011/jul/15/141814/building-a-false-confession/news/

Administrative Expunction

Many of our clients claim that they have been falsely arrested. False arrest allegations are difficult to prove because law enforcement has the affirmative defense of "arguable probable cause". So while law enforcement can arrest you if probable cause exists to believe that a crime was committed and that the person arrested committed the crime, they must have a mere argument that the person they arrested meets those criteria to overcome a civil lawsuit.

Nonetheless, some, but not many, agencies are willing to accept responsibility for the wrongs they cause people they falsely arrest. Agencies should encourage law enforcement officials not to make spontaneous arrest decisions where there is not a risk of imminent danger. Thus, in cases involving claims of theft, embezzlement, or other fraud based crimes, the most prudent action is often to delay an arrest decision until a prosecutor can review the allegations, evidence and investigative materials to make a decision about whether probable cause exists for an arrest.

Prosecutors themselves are charged with the duty of determining whether the evidence suggests that they have a substantial likelihood of success on the merits and can succeed through the appellate process if an appeal of any conviction is taken. Unfortunately, often law enforcement makes an arrest decision in these fraud based cases without adequate evidence and without investigating potential exculpatory evidence. While the duty to investigate exculpatory defenses is not great, where the access to the information is readily available and is not unduly burdensome to law enforcement to obtain it and review it, a prudent law enforcement officer will look into potential exculpatory evidence to avoid making a false arrest.

Recently, Florida law was amended to allow, pursuant to Florida Statutes §943.0581, for an administrative expunction. Thus, an arrested person(s) can apply to the Florida Department of Law Enforcement for the administrative expunction of any non-judicial record of an arrest of a minor or adult where the agency determines in its discretion or a Court determines via a final Order that the arrest was contrary to law or by mistake. The fact that an administrative expunction is pursued does not mean it is an admission of liability connected with the arrest. In order to be granted by FDLE, this expunction process requires that the application be "supported by the endorsement of the head of the arresting agency or his/her designee or the state attorney of the judicial circuit in which the arrest occurred or his/her designee." Florida Statutes §943.0581(3).

This remedy needs to be invoked as part of the healing process when false arrest charges are levied against law enforcement agencies. Often, in addition to the financial burdens that a false arrest imposes on someone for potential job loss, the impact to reputation can be devastating. This administrative expunction is one form of relief our office will pursue if we represent a client. Many of my clients ask when they can get their mug shot off the local sheriff’s database. Unfortunately, many people spend their idle time checking these databases which only require a couple of clicks and can provide condemning, conclusory and unsupported inferences about one’s character. Our office is working to combat these problems for our clients and welcomes the opportunity to review your case.

$100,000 Verdict for False Arrest

Kimberly Shields Hesketh was kept overnight in the Seminole County jail as a result of her identity being stolen. A warrant was issued for her arrest by Charlotte County Authorities as a result of a violation of probation, which she never committed. During her overnight stay at the jail she was subjected to a strip search. As a result of the unlawful detention and the strip search, jurors awarded her $100,000.

http://www2.tbo.com/content/2010/sep/29/290924/woman-awarded-100000-for-wrongful-arrest/news-breaking/, September 29, 2010.

Alleged Excessive Force Used At Orient Road Jail

Two individuals who have recently been taken to the Orient Road Jail because of allegations of Driving Under the Influence have filed notices of intent to sue the Hillsborough County Sheriff’s Office for excessive force. Both incidents of excessive force occurred in the central breath testing area. One individual states that she went unconscious while waiting to be administered a blood test and a deputy pulled her off the chair and dragged her across the floor. The second individual claims he was choked by officers while taking the breath test. The Hillsborough County Sheriff’s Office denies any wrong doing by its officers.

http://www2.tbo.com/content/2009/oct/07/2-dui-arrestees-allege-excessive-force-hillsboroug/

Justice Is Served On Extreme Brutality In Minnesota

Minnesota lawyers are finding justice in excessive force cases. Cases of police brutality by use of a taser may be difficult to win, but as Minnesota attorneys prove justice can be achieved.
Minnesota attorneys received a settlement for $200,000 an excessive force case which resulted in no permanent physical injuries. The Plaintiff suffered emotional damages and anxiety.
In this case the plaintiff was tasered, after refusing to comply with requests from the police.
Although the key in many Florida taser cases is unusual damages, this Minnesota case shows that settlement can be achieved.

Facts came from Minnesota Lawyer, Golden Valley Taser Case Leads to Significant Payout, by Barbara L. Jones, September 25, 2009. http://www.minnlawyer.com/article.cfm/2009/09/28/Golden-Valley-Taser-case-leads-to-significant-payout

Eyewitness’ Mistakes

Let’s say you’re a victim of a crime or you see a crime being committed. You concentrate your full attention on the perpetrator, because you want to remember everything, the color of their hair and eyes, face structure, skin tone, height, weight, what they are wearing and scars. You are certain that you remember this person in great detail. After the assault or after the crime is committed, you file a police report. Hours or days later, you are asked to identify the assailant in a police line-up. This is when mistakes are often made. Although you are certain that you remember the perpetrator in great detail, there are a lot of hidden influences that can hinder the accuracy of your memory about this person. For instance, if you were the victim of the crime, the stress and fear of the crime itself, could alter your memory of the assailant. Time lapse can cause your memory of the events or person to be shaded. There are many new studies about the psychology behind police line-ups and how a person can be easily influenced by the police officer to pick the “right” person. Although witnesses are told that the perpetrator might not be in the police line-up, the witness is inclined to believe that someone in the line-up is responsible for the crime, especially if the suspects are physically similar to each other. This identification testimony can be very convincing to a jury. Bad identifications in the context of police line ups and in other contexts have resulted in false imprisonments. Advancements in DNA testing have helped decrease the chances of being wrongfully convicted. DNA while not without its own limitations has exculpated more than a few falsely accused persons.

Sources: 60 Minutes: “Picking Cotton”, National Science Foundation: Mistaken Idenity: How Feedback “After the Fact” Influences Eyewitneses http://www.nsf.gov/discoveries/disc_summ.jsp?cntn_id=100715&org=SBE

Was Dr. Gates’ Arrest Justified?

Some people think that Professor Henry Louis Gates’ arrest was justified because of the way he responded to the police officers who arrived at his home to investigate a suspected burglary . These sorts of situations are nothing new. We all know somebody who has been arrested under suspect circumstances. However, when is an arrest unjustified in the eyes of the law?

According to the Fourth Amendment, a person can only be arrested if a law enforcement officer has probable cause to believe that an individual has committed a crime. Of course, this doesn’t clarify much at all because probable cause is a difficult concept to define. It is not a concrete idea, and its definition almost changes on a constant basis because no two situations are ever exactly the same. Nevertheless, the courts have generally defined probable cause as a reasonable ground of suspicion sufficient to warrant the cautious man to believe the accused is guilty of the offense. Now, you’re probably thinking that if Prof. Gates was arrested without probable cause his arrest is unjustified; therefore, he could sue the police for false arrest.

I’m saddened to say that is not the case. According to the current state of the law if a police officer is able to demonstrate he/she had arguable probable cause for an arrest, the accused does not have a false arrest claim against the officer. Taking into account this imprecise standard, it’s probably a safe bet to assume Dr. Gates will not be a successful plaintiff anytime soon.

Clearly, false arrests are difficult to understand. If you’re in the Tampa Bay area and believe you were falsely arrested, call my office so we can help you understand whether or not your civil rights have been violated.

www.flcourier.com/news/2009-07-31/Opinions/Gates_arrest_probably_justified.html