My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

Question

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims he knocked. The officer turned the knob and began to open the door when my father met him at the threshold. My father stepped outside to speak to the officer. My father asked the officer how he got inside the gate and questioned him why he entered his home. The officer told my father to shut up. The officer attacked my father placing handcuffs on him stating that my father didn't identify himself and that he had resisted arrest. The case was dismissed in June of 2022. He spent $4k for his attorney, spent 2 years going to depositions/fighting the charges. Prosecutor dismissed the case. His experience has gave him what seems like PTSD symptoms. Is there a way to sue for wrongful arrest?

Barry W. Kaufman · Answer

Doesn't sound like a wrongful arrest. The fact that the charges were dropped doesn't mean the arrest was not valid. Moreover, the officer had a valid reason for coming on to the property.

Charles M. Baron · Answer

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or  malicious prosecution, he must schedule a consultation with a civil rights attorney in his area.  There is no way to get a reliable answer to this question in any online forum.  For a lawyer to evaluate this issue, he/she must review the arrest form and other documents and interview your father and your father's criminal defense attorney.  The basic issue is whether the office lacked probable cause to believe that your father committed any crime.  Your description is lacking in details that are needed to evaluate that issue, but even if you had helpful details, this is not a simple issue that you can present online and expect a reliable answer for.      Also, your father likely had a deadline of 3 years from the date of arrest to submit a presuit notice of claim to the entity employing the arresting officer in order to pursue a false arrest/false imprisonment claim under state law, which, of all potential claims in this situation, is the easiest-to-prove claim.  If he has missed, and cannot make, that deadline, he still may have potential claims under Federal law against the entity and/or the officer, as well as a potential state law malicious prosecution claim against the arresting officer.

Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.