William Thomas Wadley's Answers

William Thomas Wadley
Saint Petersburg Personal Injury Lawyer.
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How do you sue a Police officer for violation of civil rights in Florida?..

Asked by a user in Melbourne, FL - 6 months ago.

There are two potential types of lawsuits for an event that leads to a false arrest. One is the tort of false arrest where you must sue the police department; not the officer, the other is a civil rights action under 42 USC section 1983 for a violation of your civil rights. This is typcially for a violation of the Fourth Amendment and you must sue the officer individually. Be aware that probable cause is an absolute defense to a false arrest lawsuit. Thus, if the officer had probable cause to...