Legal Question in Civil Litigation in New York

Re: legal correctness

Perhaps, a police officer may place an individual under arrest and put him/her in a jail cell, but subsequently decide that charges should not be filed. There are a number of scenarios when what you describe might happen. In some instances, the act of placing someone in a cell might be so unlawful that a lawsuit may be brought for the illegal imprisonment.

Re: legal correctness

No. Being placed in jail (involunatarily confined by official force) is the definition of the arrest. Now whether an arrest is legal or not is another question....

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