Q: Can I sue for false arrest and emotional distress after false accusations led to my arrest in NY?
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I surmised he had been seeing her while we were dating and feared potential STD exposure. After visiting him in March 2024 to collect a debt and address my concerns, I briefly used and accidentally dropped his phone, which was subsequently picked up by someone else. My friend falsely accused me of stealing the phone, leading to my arrest in May 2024. I spent a night in jail without my medications, which exacerbated my traumatic brain injury symptoms. Despite the charges being dismissed in September 2024, I now have a record and suffer ongoing psychological distress. I have documentation of my innocence and communications with my friend. I'm seeking guidance on filing a lawsuit against him for false arrest, imprisonment, and emotional distress and want to know if my case has merit.
A: Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has assets, any lawsuit against him might result in nothing more than a paper judgment. If the charges against you were dropped, your record will be sealed.
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