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San Francisco False Arrest & Imprisonment Attorneys

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False arrest occurs when a person is unlawfully arrested without a legal basis, or probable cause. False imprisonment refers to the unlawful confinement or detention of an individual, typically within a correctional facility. Both false arrest and imprisonment constitute violations of constitutional rights, specifically the Fourth Amendment, which protects against unreasonable searches and seizures.

Section 1983 serves as a powerful legal mechanism for individuals whose constitutional rights have been violated under the color of law. This statute allows victims of false arrest and imprisonment to bring lawsuits against government officials, including law enforcement officers, seeking damages for the violations of their civil rights.

To prevail in a Section 1983 lawsuit based on false arrest or imprisonment, plaintiffs must establish two key elements: (1) that the actions causing the false arrest or imprisonment were performed under the color of law, and (2) that these actions deprived the individual of rights guaranteed by the Constitution or federal law.


Color of Law:

Actions under the “color of law” refer to conduct carried out by individuals who are acting with the authority granted to them by their government position. This includes law enforcement officers, public officials, and others wielding state authority. Proving that the false arrest or imprisonment occurred under the color of law is fundamental to bringing a successful Section 1983 claim.

Deprivation of Constitutional Rights:

For a Section 1983 claim based on false arrest or imprisonment, plaintiffs must demonstrate that the actions led to a violation of their constitutional rights. In these cases, the Fourth Amendment right to be free from unreasonable searches and seizures is of paramount importance. The court assesses the reasonableness of the arrest or detention and considers factors such as probable cause and the scope of the intrusion.

At Golden Gate Legal, we understand the gravity of these situations. We represent clients who have been unjustly arrested or detained by law enforcement and work diligently to prove the illegitimacy of the arrest or detention.


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Frequently Asked Questions

What should I do if I believe I've been a victim of false arrest or wrongful imprisonment?

If you suspect you’ve been falsely arrested or wrongfully imprisoned, it’s crucial to document as much as you can about the incident, including the names of the officers involved, the location, and any witnesses. Avoid making any statements or signing documents without legal representation. Contact Golden Gate Legal as soon as possible to discuss your case. Our experienced attorneys will provide you with the guidance and representation you need to challenge the false arrest or imprisonment and protect your rights.

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