False Arrest & Wrongful Imprisonment Lawyers in New York

An arrest without cause is not a mistake you have to just live with. If the police confined you without legal justification, that is a false arrest, and the law gives you a claim against them. This is core civil rights work for our firm, and we have handled these cases across New York for more than 20 years.

Here is what a false arrest claim requires, how probable cause fits in, and what you can recover.

What false arrest and wrongful imprisonment mean

False arrest and false imprisonment are two names for the same core wrong: being held against your will without legal justification. It does not take a jail cell. Being cuffed on the street, held in a squad car, or detained at a precinct can all count if there was no lawful basis for it.

The elements you have to prove

To win a false arrest claim, you generally need to show:

1. The officer intended to confine you.
2. You were aware of the confinement.
3. You did not consent to it.
4. The confinement was not otherwise privileged, meaning there was no legal justification such as probable cause.

The whole case usually turns on that last point.

Probable cause is the heart of the case

Probable cause is the dividing line. If the officer had probable cause to believe you committed a crime, the arrest is generally justified and a false arrest claim fails. If they did not, the confinement was unlawful.

Probable cause has to rest on real facts, not a hunch, not your neighborhood, not how you looked. When officers arrest based on a bad tip, a case of mistaken identity, or nothing at all, that is where these claims live. We dig into the arrest paperwork, radio runs, body-camera footage, and witness accounts to show what the officer actually knew at the moment they took your freedom.

False arrest and malicious prosecution

These often travel together but are not the same. False arrest is about the unlawful detention itself. Malicious prosecution is about a criminal case begun against you without probable cause that later ended in your favor. If charges were filed after your arrest and then dismissed or you were acquitted, you may have both claims. Related force claims can also apply. See our excessive force page.

What you can recover

Damages in a false arrest case can include:

• The loss of liberty itself, for every hour you were wrongly held.
• Emotional distress, humiliation, and reputational harm.
• Lost wages and job consequences.
• Medical costs if you were hurt during the arrest.
• Punitive damages against individual officers under federal law when the conduct is bad enough.

Federal §1983 claims can also allow recovery of attorney’s fees against the officers responsible.

The deadlines: don’t wait

Timing decides cases here. To sue the City of New York, the NYPD, or another municipality on a state-law claim, you must file a Notice of Claim within 90 days of the arrest, then file suit within one year and 90 days. Expect a 50-h hearing, an examination under oath, before the case moves forward.

Your federal claim runs on a different clock. A §1983 claim generally has a three-year statute of limitations in New York and is not subject to the Notice of Claim rule. Because the state deadline comes so fast, the safe move is to talk to a lawyer right away and preserve every option. Read how to file a Notice of Claim.

Work with a partner-led firm

At Sullivan & Brill, a partner handles your case from the start. We pledge to represent you as one of our own. These cases run on contingency, so there is no fee unless we recover for you, and the first consultation is free and confidential. We answer 24/7 across our eight New York offices. To get started, reach out, learn more about false arrest and your rights, or review our broader civil rights practice.