Q: Seeking guidance on suing for false arrest and imprisonment.
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for 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, including physical pain in my shoulders and hip bones, as well as recurrent nightmares. I have documentation of my innocence and communications with my friend. I'm seeking guidance on filing a lawsuit against him for false arrest, false imprisonment, and emotional distress, and I 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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I’m sorry to hear about the distressing situation you’ve been through. In New York, you may have legal grounds to file a lawsuit for false arrest, false imprisonment, and emotional distress, depending on the specifics of your case. Each of these claims would involve proving different elements, so it’s important to understand what each term means and how they relate to your situation.
False arrest occurs when someone is detained by law enforcement without probable cause or a valid legal reason. In your case, the fact that you were arrested based on a false accusation of stealing the phone, without evidence to support the claim, could form the basis for a false arrest lawsuit. If the police arrested you based solely on your friend's allegations, and there was no evidence to justify the arrest (such as video footage or witness testimony), this could be considered an unlawful detention. Your attorney would need to show that the arrest was made without probable cause, which is a key element in a false arrest claim.
False imprisonment is closely related to false arrest but focuses on the unlawful confinement or detention. If you were kept in jail overnight without legal justification or the proper legal process, this could constitute false imprisonment. Your claim might include that you were confined without consent and without being informed of the charges or having the opportunity to leave, especially considering your medical needs (such as your medications) were not addressed. This can also be a strong aspect of your case, as you suffered from physical and emotional harm due to the detention.
Regarding emotional distress, you may also have a claim for intentional infliction of emotional distress (IIED). In New York, to succeed in an IIED claim, you must prove that the defendant’s conduct was outrageous, extreme, and directly caused you to suffer severe emotional distress. In your case, the false accusation and arrest, combined with the exacerbation of your traumatic brain injury symptoms due to lack of medication, could form the basis for an emotional distress claim. Additionally, the ongoing psychological distress you’re experiencing, including physical pain and recurrent nightmares, strengthens this part of your claim. Documentation of your emotional distress, such as medical records or psychological evaluations, will be important evidence.
As the charges against you were dismissed, you should consult with a personal injury attorney who specializes in false arrest and emotional distress claims. An experienced lawyer can help assess the strength of your case, guide you through the legal process, and determine the appropriate steps for seeking compensation for your damages. Given the trauma you’ve endured, both physically and emotionally, pursuing this case may have merit.
Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.
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