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A wrongful arrest lawsuit is generally worth the financial loss and emotional anguish that the person suffers because of the wrongful arrest. A brief detention with no injuries may be worth a few thousand dollars. A lengthy detention or severe physical injury may be worth $1 million or more.
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain how much you can sue for wrongful arrest.
What Factors Determine the Value of a Wrongful Arrest Lawsuit?
How much a wrongful arrest lawsuit is worth depends on the severity of the injury to the victim. Physical injuries are extremely important, but that’s just one factor. Here are some things that may impact the award:
- Financial losses. Including medical bills, burial expenses, lost earnings, childcare, household services, and other economic losses.
- Physical injury. The extent of physical injury, including broken bones, bleeding, bruising, and disfigurement.
- Physical pain. The physical pain of injuries inflicted by law enforcement.
- Emotional anguish. The stress, anger, humiliation, and anxiety that come with being the victim of wrongful police conduct.
- Reputation damage. A wrongful arrest can damage a reputation in the community, possibly for life.
- Duration of detention. Detention may last only a few moments, or it can last for years.
As you negotiate a settlement, the strength of the evidence and the likelihood of success at trial may factor into the amount offered.
Settlement Amounts for Wrongful Arrest Claims
Here are some settlements for wrongful arrest claims:
The family of a man who died of dehydration in a South Carolina jail cell with no running water secured an award of $9.8 million.
The Lancaster Police Department paid $120,000 for a wrongful arrest occurring in 2023.
New York City paid $5.75 million to a man blinded in one eye by a stun gun.
Chicago paid $48 million to three men who spent a combined 102 years in prison for a wrongful arson conviction.
The Danville, KY, police department paid $500,000 for the controversial arrest of a man with dementia at a grocery store.
These are large awards. Any wrongful arrest is important, regardless of the value of the case. Shealey Law Firm helps false imprisonment victims secure justice. Contact us to see what your case may be worth.
Does Qualified Immunity Reduce Your Payout?
When you’re suing the police for wrongful arrest, get ready for the qualified immunity defense.
When it comes to wrongful arrest, officers can be excused for honest mistakes. But those mistakes must be reasonable. The defense is called qualified immunity.
For a wrongful arrest claim to go forward, there must be evidence that the officer violated a constitutional right and that the right was clearly established. Johnson v. Bay Area Rapid Transit Dist., 724 F.3d 1159, 1168 (9th Cir. 2013).
The court may award summary disposition if, taking the facts most favorably to the plaintiff, there was no violation of a clearly established constitutional right. Torres v. City of Los Angeles, 548 F.3d 1197, 1210 (9th Cir. 2008).
Qualified immunity isn’t meant to resolve factual disputes.
If the court finds that qualified immunity applies, it may dismiss your lawsuit. It’s important to be ready for the qualified immunity defense by building the facts and legal arguments in your favor.
Filing Under 42 U.S.C. § 1983: How Federal Civil Rights Claims Work
Many wrongful arrest lawsuits are filed under 42 U.S.C. § 1983. It’s a federal law. To win the case for wrongful arrest, you must prove that law enforcement arrested you without a warrant and without probable cause. You’re proving a violation of your Fourth Amendment right to be free of unlawful search and seizure.
South Carolina State Law Claims vs. Federal Civil Rights Claims
There are grounds for a wrongful arrest lawsuit in both state and federal law. If you sue under South Carolina law, the Tort Claims Act applies. The law waives immunity for torts committed by government agents, like police officers.
In South Carolina law, false imprisonment is depriving a person of their liberty without lawful justification. Jones v. City of Columbia, 301 S.C. 62 (1990). You must show that you were wrongfully restrained, intentionally and unlawfully. Gist v. Berkeley County Sheriff’s Dep’t, 336 S.C. 611 (Ct. App. 1999).
Filing both federal and state claims is a common strategy. There are key differences between state and federal law. An attorney can determine the best strategy for your case.
Note: Punitive damages are not available under the South Carolina Tort Claims Act. (S.C. Code § 15-78-120(b)). Municipalities are immune from punitive damages in 42 U.S.C. § 1983 lawsuits.
How Long Does a Wrongful Arrest Lawsuit Take to Settle in SC?
Most wrongful death claims take 1-3 years to settle in SC. That’s because of the time needed for procedural steps, depositions, and other evidence-building and court motions.
What about criminal charges?
If you’re facing criminal charges, they may be especially important because of the Heck v. Humphrey decision. Criminal charges may affect your civil claim timeline and the overall outcome of your wrongful arrest case.
Talk to a Columbia Civil Rights Attorney for a Free Consultation
If you have been wrongfully arrested or falsely imprisoned, please contact our experienced attorneys at Shealey Law Firm. We can explain what your lawsuit may be worth.