False Arrest / False Imprisonment

What It Is

A false arrest claim under § 1983 alleges that an officer seized you (arrested you) without probable cause, violating the Fourth Amendment. False imprisonment extends the claim to the period of detention following the arrest.

Mental State Standard: Objective Reasonableness

False arrest is a Fourth Amendment claim, so it uses the objective reasonableness standard. You don’t need to prove the officer intended to violate your rights or acted with malice. The only question is whether a reasonable officer, given the facts available at the time, would have believed probable cause existed for the arrest. If not, the arrest was unconstitutional — regardless of the officer’s subjective beliefs or intentions.

See State of Mind Requirements for how this compares to other § 1983 claims.

The Elements

1. The defendant arrested or detained you
2. Without probable cause
3. Causing you injury (even brief detention counts)

When the Claim Accrues

The statute of limitations begins to run when the false imprisonment ends — which is when you’re released, bound over by a magistrate, or arraigned. Wallace v. Kato, 549 U.S. 384 (2007).

If you’re subsequently convicted, the Heck doctrine may bar your false arrest claim if success would imply the conviction was invalid.

The Devenpeck Wrinkle

Under Devenpeck v. Alford, 543 U.S. 146 (2004), probable cause is assessed objectively — it doesn’t matter what offense the officer said they were arresting you for. If there was probable cause for any offense, the arrest is valid.

This means even if the officer’s stated reason was bogus, the arrest survives if an objective officer could have found probable cause for something else. Frustrating, but that’s the law.

Common Scenarios

• Arrested for “disorderly conduct” after criticizing an officer — Was there actual disorderly conduct? If not, no probable cause. (May also be First Amendment retaliation.)
• Arrested based on misidentification — If the officer relied on a description that didn’t match you, probable cause may be lacking.
• Arrested on a warrant that was invalid — If the warrant was based on fabricated information, the arrest lacks probable cause.
• Arrested for a crime that doesn’t exist — The officer cited a statute that doesn’t apply to your conduct.

Key Cases

• Wallace v. Kato, 549 U.S. 384 (2007) — SOL accrual for false arrest
• Devenpeck v. Alford, 543 U.S. 146 (2004) — Objective probable cause; stated reason doesn’t matter
• Atwater v. City of Lago Vista, 532 U.S. 318 (2001) — Custodial arrest for minor offense (seatbelt violation) is constitutional if probable cause exists
• Manuel v. City of Joliet, 580 U.S. 357 (2017) — Pretrial detention without probable cause is a Fourth Amendment violation