I was arrested in October 2013 for Aggravated Harassment II. The charge was eventually dismissed, but not after I spent a day in jail.
It turns out the statute defining Agg. Har. II in NYS was deemed unconstitutional in by the NYS Supreme Court in May 2014. Some federal judges have deemed this statute unconstitutional as early as 10+ years prior to the NYS SC ruling.
Was this a false arrest/false imprisonment? Where is the legal justification for an arrest when the statute the arrested is accused of violating is unconstitutional? An unconstitutional statue is inoperative; it confers no rights.
Under my right to due process, I am supposed to be informed of the charges against me when I am arrested. If the charges are unconstitutional, what is the legal basis for my arrest here?
You have the basis for a lawsuit. You need a civil rights attorney. The major issue will be if there is enough damages to lure an attorney into representing you.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Your arrest does not rise to false arrest. At the time of your arrest the statute was valid and in force. The police and the DA could not have predicted that the state statue would be ruled unconstitutional. You are correct, however, that federal courts had issues with similar harassment statues.
Your arrest does not to be q false arrest as the statute was in n place at the time of your arrest. As to the more complex question on suing on constitutional grounds you should ask a civil rights attorney.
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You definitely don't have a False arrest claim as the statute was in effect at the time. As for a civil rights claim, you likely don't have much danger after 1 day in jail to make a claim worthwhile for anyone.
You may have a claim, but it would depend on exactly what happened, how and why you were charged and why and how your case was dismissed. These matters can be complicated. There would be no way to know if you have a claim without the charges, facts, evidence and reason for dismissal. The main difficulty here is that you were arrested 7 months before the decision and got a dismissal.
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