Do I have grounds for an unlawful arrest lawsuit?

Asked about 4 years ago - Florida

During a traffic stop for a non-moving violation (expired tags), I was arrested on DUI charges. However, after being taken to the station, I a .01. My illusions of exoneration vanished however when the cop began accusing me of taking drugs. I gladly handed over my urine sample which is clean, and toted me off to jail.

The police report is a fraud. Every word in it was a lie, each of which is contradicted by dashcam video. I'm fairly confident the arrest report is a one-size-fits-all template used on all DUI arrests, with merely the name, date, and time changed. The very first line "very bloodshot eyes" is clearly contradicted by my mugshot. The best part is the one about missing my nose on every command during the finger to nose test. Videos don't lie. But officers certainly do.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . A violation of a clearly established constitutional right under color of law gives rise to a Section 1983 civil rights lawsuit. Civil rights are those fundamental freedoms people enjoy regardless of race, religious belief, age or gender. This legal guide describes the basics of a Civil Rights case.

    Civil rights are guaranteed by our federal government. The laws that protect citizens against government misconduct are commonly called civil rights laws. Freedom of speech, freedom from false arrest and false imprisonment, freedom from use of excessive force by police, freedom to have necessary medical treatment while in the custody of the police are just some of the examples of civil rights people in our free society enjoy.

    Check with a local FL civil rights lawyer to discuss all the details of the aftermath of your arrest.

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