False Arrests in Bronx, Manhattan, Queens, Brooklyn, and Staten Island
What are New York City False Arrests
To state a claim for false arrest under New York law, a victim must show that “(1) the defendant intended to confine the plaintiff, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement, and (4) the confinement was not otherwise privileged.”
A false arrest also gives rise to liability under 42 U.S.C. § 1983, which means a federal civil rights suit can be filed.
A claim of false arrest can be brought against the City of New York, or a shop that wrongfully detained you.
Some Examples of New York False Arrests Cases
False arrests can lead to some large jury verdicts.
In Mark Haynes v. City of New York, two undercover police officers purchased cocaine from an person named “O.” During the drug buy, the officers wrote down both the license plate number of the car driven by “O” and his page number. Later on, one of the officers and a confidential informant identified Mr. Hayens as “O.” However, a detective learned that the car belonged to a man named Simms. On April 8, 1998, while driving his girlfriend’s son to daycare, Haynes was arrested and put in prison for almost four months. Eleven months later the charges were dismissed after it was determined that Haynes was mistakenly identified as the drug seller “O.” After a trial the jury awarded Haynes $1,750,000 in damages (which was reduced to $1,000,000 by the Appellate Division).
In Pedro Acosta v. City of New York, Acosta was awarded $20,000.00 for a false arrest of no more than eight hours, of which Acosta spent most of the time in the hospital.
If you have been a victim of a false arrest, we can help.