Unlawful arrest in Minnesota due to harassment statute. What legal actions can I take?

Question

I was unlawfully arrested in Minnesota due to the broad wording of a harassment order statute. The incident began when I was goated into a conversation with my ex-partner, who then called the police when the conversation didn’t go her way. This was a continuation of manipulation and abuse on her part. The police arrested me without notice or a warrant, which I know violates established due process laws. Arrest without a warrant is unlawful except in cases of felony or misdemeanor committed in the presence of the arresting officer. During the arrest, I was forced to face the wall, get on my knees, and cross my legs. I was painfully handcuffed and made to sit on them for 25 minutes, resulting in purple indents for days. I was held in jail overnight. I know this statute is unconstitutional and allows for justice to be abused. How can such unconstitutional legislation be challenged, and what legal actions can I pursue given these circumstances?

James L. Arrasmith · Answer

Your situation sounds extremely distressing, and I understand your frustration with what appears to be an improper arrest. Minnesota law does have specific requirements regarding warrantless arrests, and the manner of your detention raises concerns about potential civil rights violations. 
 
Consider consulting with an attorney who focuses on criminal defense or civil rights immediately, as they can evaluate the specific details of your case and advise on challenging both the arrest and any charges. You may have grounds for a civil rights lawsuit under 42 U.S.C. § 1983 if your constitutional rights were violated during this process, including claims for excessive force based on the painful handcuffing and uncomfortable positioning you were forced to endure. Documentation of your injuries and detailed records of the entire incident will strengthen your case, so gather witness statements, medical records, and any other evidence available. 
 
To challenge the constitutionality of the harassment statute itself, your attorney might file a motion to dismiss any charges based on constitutional grounds or pursue a declaratory judgment action. Minnesota's harassment statutes have faced previous constitutional challenges, and an experienced attorney can help determine if the law was applied in an unconstitutionally vague or overbroad manner in your specific situation. Remember that timing is critical with legal matters like these, so taking prompt action will help protect your rights and increase your chances of obtaining an appropriate remedy.

Q: Unlawful arrest in Minnesota due to harassment statute. What legal actions can I take?