Is it a violation of my Civil Rights if I was arrested because the police wanted to avoid liability?

In my ex girlfriends police report she admitted she had never been threatened or have felt threatened. Never any violence. (The event that brought the police was non-confrontational and actually occurred days prior). Yet in the same breath my vindictive ex girlfriend told the police she was afraid of what I might do. I found information on the web that stated she was likely coached because in DV issues the police will arrest to avoid liability.

Salem, OR -

Attorney Answers (3)

Nicholas A Heydenrych

Nicholas A Heydenrych

Criminal Defense Attorney - Beaverton, OR
Answered

In a civil case the burden would be on you to prove that was their motivation. You're going to run into a problem with that theory because they are the best witnesses to testify to their intentions, and they'er likely to simply say that they arrested on probable cause for ...whatever it is that you're arrested for. So I think you have a lousy theory for a civil case... You might have a good case for criminal defense though. Work closely with your attorney.

This post is offered as general information and is not intended as legal advice. This information does not in of... more
Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

The question is unclear, but you can read all about false arrest on my website under the civil rights tab.

The answer does not create an attorney/client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
http://www.InjuryLawyerPhiladelphia.com

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Personal Injury Lawyer - New York, NY
Answered

Obviously the police should never arrest anyone where there is no probable cause and/or a criminal complaint filed by another party which warrants an arrest. However, your question is too conclusory and dev oid of facts to give a response particular to your circumstance.

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