Can You Sue Police for Wrongful Arrest in Texas?

Being placed in handcuffs, put in the back of a police car, and processed through the criminal justice system is a traumatic experience — especially when you’ve done nothing wrong. Wrongful arrests in Texas not only violate constitutional rights but can damage reputations, jeopardize employment, and create lasting psychological distress for those affected.

So, what can you do about it? Can you sue for wrongful arrest? Yes, you can sue police for wrongful arrest in Texas. If law enforcement arrests someone without probable cause or uses excessive force, victims may file civil rights lawsuits (Section 1983 claims) or state tort claims. That these cases can be extremely challenging due to qualified immunity and strict procedural requirements — but with the right attorney, you can seek justice.

If you’ve been falsely arrested in Texas, don’t face this complex legal battle alone. Frank Sellers of Sellers Law Firm brings extensive experience fighting for victims of police misconduct throughout the Dallas/Fort Worth area. As a dedicated civil defense attorney in Fort Worth/Dallas who understands both sides of the system, Sellers Law Firm can evaluate your case, protect your rights, and help you pursue the justice and compensation you deserve. Call (817) 928-4222 or contact us online today for a confidential consultation.

What is wrongful arrest in Texas?

A wrongful arrest occurs when law enforcement takes someone into custody without legal justification, violating their Fourth Amendment protection against unreasonable seizures. In Texas, police must have probable cause, or reasonable grounds to believe a person has committed a crime, before making an arrest. Without this legal foundation, an arrest is considered wrongful regardless of whether the officer acted maliciously or simply made a mistake.

What is an example of a false arrest?

A common example of false arrest occurs when police mistake someone’s identity for a wanted suspect. Consider a situation where officers apprehend someone based solely on a vague physical description without verifying their identity through proper channels. The person is falsely arrested, booked, and potentially held for days before authorities realize their error. This scenario happens more frequently than many realize, particularly in cases involving common names or racial profiling.

Another example involves arrests during protests or public gatherings where police conduct mass arrests without individualized probable cause. Officers might arrest everyone in a particular area rather than identifying specific individuals engaged in illegal activity.

Similarly, a person whose actions might be protected by the self-defense laws in Texas might be wrongfully arrested if responding officers misinterpret the situation and fail to properly investigate who was the aggressor before making an arrest.

Can you sue for wrongful arrest in Texas?

Yes, victims can pursue a wrongful arrest lawsuit in Texas through several legal avenues. The primary pathway is through a federal civil rights lawsuit under 42 U.S.C. § 1983, which allows individuals to sue government officials who violate constitutional rights while acting “under color of law.” These lawsuits can target individual officers, police departments, or municipalities depending on the circumstances and evidence of systemic problems or inadequate training.

Texas state law also provides remedies through tort claims, such as…

False imprisonment
Malicious prosecution
Assault
Intentional infliction of emotional distress

However, these cases often face significant hurdles, including governmental immunity protections and the Texas Tort Claims Act’s limitations. Successful claims typically require demonstrating that the officer knowingly lacked probable cause or acted with malice, which sets a high bar for plaintiffs. Even with these challenges, compensation may cover legal fees, lost wages, emotional distress, and damage to reputation when cases succeed.

How to prove a false arrest?

Proving you were the victim of a false arrest requires establishing that law enforcement lacked the legal basis to take you into custody. This process involves careful documentation and strategic legal arguments.

To build a successful case:

Demonstrate absence of probable cause at the time of arrest
Obtain and preserve all relevant evidence (police reports, body camera footage, witness statements)
Document any physical injuries or emotional distress resulting from the arrest
Establish that the officer knew or should have known the arrest was improper
Show that charges were dismissed or that you were acquitted if the case proceeded to trial
Identify any violations of departmental policies or constitutional rights
Secure expert testimony regarding proper police procedures when applicable

The burden of proof falls on you as the plaintiff, making comprehensive evidence collection necessary. Even in cases where murder charges in Texas were initially filed but later dropped, proving the arrest itself was wrongful requires showing that, based on information available at the time, no reasonable officer would have believed probable cause existed.

What to do if you are falsely arrested

Being wrongfully arrested is disorienting and frightening, but your actions immediately following the arrest can significantly impact your ability to seek justice later. Understanding your rights and responsibilities during this time is essential.

If you believe you’re being wrongfully arrested:

Remain calm and do not physically resist, even if you believe the arrest is unlawful
Clearly invoke your right to remain silent and your right to an attorney
Provide basic identifying information but avoid discussing the alleged offense
Mentally note details about the arresting officers and circumstances
Request medical attention for any injuries sustained during the arrest
If a detective wants to talk to you, politely decline until your attorney is present
Document everything you remember as soon as possible, including witness names
Preserve any evidence of injuries through photographs and medical records
Contact an experienced attorney as soon as possible

Remember that even legitimate-seeming situations, like what appears to be a sting operation, may sometimes involve procedural errors that render an arrest improper. Your attorney can review the circumstances, identify legal violations, and help you determine whether pursuing a civil rights claim is appropriate based on the specific facts of your case.

Wrongfully arrested? Sellers Law Firm turns injustice into justice.

The emotional, financial, and professional consequences of a wrongful arrest can linger long after the handcuffs are removed. If you believe your constitutional rights have been violated by law enforcement, you have the right to sue for wrongful arrest in Texas and seek appropriate compensation for your suffering and damages.

Sellers Law Firm understands the complexities of civil rights litigation and has the experience, resources, and determination to help you navigate this challenging process. Don’t let a wrongful arrest define your future or go unchallenged.

Take the first step toward justice today — call (817) 928-4222 or contact us online for a confidential consultation with an attorney who will fight tirelessly to restore your reputation and secure the compensation you deserve.

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