Can i sue for wrongful arrest? (arrested, detained and booked, case thrown out after spending 8 hrs in jail)

Asked about 1 year ago - Bronx, NY

ARRESTED IN TRAIN STATION WHILE WITH MY 4 MONTH OLD GRANDDAUGHTER . I PUSHED HER STROLLER THROUGH THE EMERGENCY DOOR AFTER SWIPING THE METRO CARD . OFFICERS CLAIM I HAD A WARRANT FROM 7 YEARS AGO . AND CLAIM THAT THE SWIPE DIDN'T GO THROUGH EVEN THOUGH MTA EMPLOYEE UNLOCKED DOOR . WHEN I SAW THE JUDGE @ 12 AM THERE WAS NO WARRANT MENTIONED AND METRO CARD CASE WAS DISMISSED .

Additional information

The MTA employee opened the door for me to push the stroller through. which is why i was under the impression that the swipe went through. They told me i was being arrested because of the 7 year old warrant (for being in a park after hrs). when it was all said and done the DA said there was no warrant. I'm 40+ and i am a child care worker/ foster parent, I did a perp walk in front of hundreds, my reputation is damaged and my character has been questioned, And after all of that, i was under the assumption that Miranda rights were supposed to be read to me, which were not. I was only told while being handcuffed that "we will get this matter cleared up as quickly as possible maam" and driven off to jail

Attorney answers (3)

  1. Marco Caviglia

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If there was indeed no warrant and you were held without more, you may have a civil law suit. If there was an old warrant that had not been purged, that will be a more difficult or unsuccessful case. 8 hours in jail with your baby (?) is worth something if you are successful, but you will not become wealthy. Consult and attorney. Remember that you must file a notice of claim within 90 days of the incident with each municpal agency you intend on suing.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . Consult with an attorney right away regarding wrongful arrest, false arrest and possibly malicious prosecution. Value odd case depends upon the damages . Limited statute of limitation. See a local lawyer soon.

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  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . This could be a tough case... the issue is not whether you were innocent but whether the police had probable cause to arrest you. Seeing you go through the emergency exit could give the police probable cause. Consult a civil rights lawyer ASAP. There is a 90 day time period to serve a Notice of Claim.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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