Legal Question in Civil Rights Law in Oregon

false arrest

If a distric attorney files false affidavids,with the court,for issuance of a arrest warrant, and the judge,without proper knowledge,signs the motion and order,and the defendant is arrested,and brought to trial, and there was no violations to begin with, the charges dismissed, can the defendant sue for false arrest ?


Asked on 9/08/02, 11:00 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: false arrest

A potential lawsuit for civil rights violations is created when it can be proven to a preponderance of the evidence that a government official or officials take action which is legally unwarranted or maliciously, falsely, done.

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Answered on 9/09/02, 11:15 am


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