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January 22, 2025

How Much Is a Wrongful Arrest Lawsuit Worth in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

In case you or someone you care about has been wrongly arrested, then you probably ask yourself, “How much is a wrongful arrest lawsuit worth?” At Pointer and Buelna-Lawyers For The People, we pride ourselves on fighting for the civil rights of individuals who have been on the receiving end of questionable police acts and helping victims find a way to justice and recovery.

What Is a Wrongful Arrest?

A false arrest occurs when a person is held without any reason. This may occur if police officers violate the prohibitions of the Fourth Amendment against unreasonable searches and seizures by acting outside probable cause or with an improper warrant. Besides financial problems and loss of reputation, there can be psychological trauma. 

Factors That Affect the Value of a Wrongful Arrest Lawsuit

Variables affecting a wrongful arrest case include misbehavior, monetary losses, psychological effects, and bodily injuries. Financial impacts, like how wrongful incarceration settlements are taxed, may also influence case value.

How Are Wrongful Arrest Lawsuit Settlements Calculated?

These can be awarded on three grounds, envisioning dissimilar types of damages.

Compensatory damages

• They take the place of economic loss, such as lost wages, litigation costs and medical care.

Non-economic damages

• Non-economic damages take into account pain and suffering, loss of income, and enjoyment of life outside of punitive damages.

Punitive damages

• The same act becomes a deterrent, and the punishment here acts as a disincentive to the commission of the same offense hereafter.

How Much Is a Wrongful Arrest Lawsuit Worth in Califonia?

Settlements vary widely. Comperhensive acts can raise $10,000 to $50,000, while a major episode can raise over $500,000. In such cases, the National Institute of Justice says larger awards often indicate broader misconduct.

Legal Challenges in Suing for a Wrongful Arrest

Some common hurdles you may encounter when filing a lawsuit for wrongful arrest are:

• Qualified immunity: Protects officers from being liable in a suit unless they acted outside their authority.
• The burden of proof: You have to prove that there were rights violations & damages.
• Time limitations: In California there is typically a two-year statute of limitations to bring a claim for civil rights.

How to Maximize the Value of Your Wrongful Arrest Lawsuit

To build on your claim, write down any vital information, have medical or psychological evaluations, and find solid legal representation.

FAQs

What is an example of a false arrest?

These can be mistaken identities, fabricated evidence, or without probable cause. In fact, cases in which police officers have been found liable for fabricating charges have clearly violated civil rights.

Is false imprisonment a violation of civil rights?

Yes, under federal laws, false imprisonment is a deprivation of liberty without due process of law and, therefore, a violation of civil rights.

Contact a Police Misconduct Attorney for a Free Consultation Today

At Pointer and Buelna, we advocate for victims of police misconduct. If you or someone you love has been victimized in a false arrest, seek representation today. Book your free consultation today, or call now at (510) 929-5400 and take the first step toward the justice and compensation you deserve.