Handcuffs on your wrists, your name in a booking system, hours spent in a holding cell, all because an officer got it wrong. Whether the charges were eventually dropped, dismissed, or never should have been filed in the first place, being falsely arrested leaves more than just a bruised reputation. It can carry real legal consequences for the officers and agencies involved, and real legal options for you.
Joshua P. Golson represents South Carolina residents whose civil rights were violated by law enforcement. Call us today at (803) 284-8573 to discuss your situation.
What Counts as a False Arrest?
A false arrest generally occurs when law enforcement takes someone into custody without legal justification, meaning without probable cause or a valid warrant supporting the arrest. It is not enough that the arrest turned out to be a mistake in hindsight.
The core question is whether the officer had a reasonable legal basis to make the arrest at the time it happened, based on the Fourth Amendment's protection against unreasonable seizures.
False Arrest vs. False Imprisonment vs. Malicious Prosecution
These related legal concepts are often confused, but they address different stages of wrongful conduct. False arrest specifically refers to the initial, unlawful taking of a person into custody. False imprisonment is a broader concept that can include the false arrest itself but also covers any unlawful confinement, even by someone other than law enforcement. Malicious prosecution addresses a separate issue entirely: pursuing criminal charges without probable cause and with improper motives, even if the initial arrest itself was lawful. A single set of facts can sometimes support claims under more than one of these legal theories.
When an Arrest Crosses the Line into a Violation of Your Rights
Probable cause is the pivot point that separates a lawful arrest from a false one. If an officer had a reasonable, factually supported belief that a crime had been, was being, or was about to be committed by the person arrested, the arrest is generally considered lawful, even if the person is later found not guilty or the charges are dropped. A false arrest claim generally requires showing that this basic threshold was never met in the first place, not simply that the case did not ultimately result in a conviction.
Your Legal Options After a False Arrest
Individuals who have been falsely arrested generally have two potential legal avenues, which can sometimes be pursued together depending on the specific facts of the case.
Federal Civil Rights Claims Under Section 1983
42 U.S.C. Section 1983 allows individuals to sue government officials, including police officers, for violating their constitutional rights while acting under color of law.
A false arrest claim under Section 1983 generally alleges that an officer violated the Fourth Amendment by making an arrest without probable cause.
The Department of Justice has also historically pursued its own separate criminal enforcement in cases involving serious deprivations of civil rights by law enforcement, though this is a distinct process from an individual's own civil lawsuit.
State-Law Claims in South Carolina
Beyond federal civil rights claims, South Carolina law may also allow for state-law tort claims arising from a false arrest, depending on the specific facts and which government entity or individual is involved. These state-law claims can sometimes proceed alongside a federal Section 1983 claim, though each carries its own procedural requirements and potential defenses.
What You Can Recover: Damages in a False Arrest Case
Individuals who successfully pursue a false arrest claim may be entitled to recover compensation for damages including lost wages resulting from time spent in custody or dealing with the legal aftermath, emotional distress and humiliation, damage to reputation, medical expenses if the arrest involved any physical injury, and, in certain circumstances involving egregious misconduct, punitive damages intended to punish the responsible officer or agency. The specific damages available depend heavily on the facts of the individual case and which legal theories are pursued.
What to Do Right After a False Arrest
If you believe you were falsely arrested, taking the right steps early can significantly affect your ability to pursue a claim later:
- Write down everything you remember about the arrest as soon as possible, including exact statements made by officers
- Document any physical injuries with photographs
- Identify and note contact information for any witnesses to the arrest
- Request copies of your booking and arrest records
- Avoid discussing the details of your arrest publicly or on social media
- Call Joshua P. Golson at (803) 284-8573 before speaking further with law enforcement or prosecutors
Evidence to Gather and Records to Request
Important records to request include the official arrest report, any available body camera or dashcam footage, booking records documenting your time in custody, and contact information for any witnesses who observed the arrest or the events leading up to it.
Body camera footage in particular can be extremely valuable, but many agencies only retain this footage for a limited period, making it important to request preservation of this evidence as early as possible.
Proving a False Arrest Claim
Proving a false arrest claim generally requires demonstrating that the officer lacked probable cause at the time of the arrest, which often becomes a direct factual dispute between the arrested individual's account and the officer's own justification for the arrest.
Because courts generally give some deference to an officer's on-the-scene judgment, successfully challenging a probable cause determination often requires strong, specific evidence contradicting the officer's stated basis for the arrest, rather than simply arguing that the case was ultimately dismissed or resulted in an acquittal.
To have a chance of pursuing a successful claim, you need an experienced criminal defense attorney with Joshua P. Golson. Call us at (803) 284-8573 and we’ll make sure your voice is heard.
Obstacles These Cases Face
False arrest claims, particularly those brought under Section 1983, face significant legal hurdles that do not typically arise in a standard personal injury case.
Qualified Immunity, Explained
Qualified immunity is often the single biggest obstacle in a Section 1983 false arrest claim. This legal doctrine generally shields government officials, including police officers, from civil liability unless the official violated a clearly established constitutional right that a reasonable officer would have understood was unlawful at the time. In practice, this means a plaintiff often needs to point to closely analogous prior case law establishing that similar conduct was already recognized as unconstitutional, making qualified immunity a substantial hurdle that requires careful legal strategy to overcome.
Deadlines for Filing a False Arrest Claim in South Carolina
Deadlines for false arrest claims vary depending on whether the claim is brought under federal civil rights law or South Carolina state law, and additional procedural requirements, such as notice provisions for claims against government entities, may apply and can be considerably shorter than a standard filing deadline. Given how quickly these deadlines can pass, and how much evidence, like body camera footage, can be lost over time, it is important to consult with an attorney as soon as possible after a false arrest occurs.
Talk to a South Carolina Civil Rights Attorney
Joshua P. Golson understands false arrest and police misconduct claims from a perspective few attorneys can offer. Before entering private practice, he spent nearly a decade as a prosecutor, serving as an Assistant Solicitor and later Special Prosecutor for the Fifth Circuit Solicitor's Office from 2012 to 2020.
Since 2023, Mr. Golson has focused his practice on representing individuals and families pursuing justice for civil rights violations and personal injury claims throughout South Carolina. He is admitted to the South Carolina bar, the United States District Court for the District of South Carolina, and the United States Court of Appeals for the Fourth Circuit, and he currently serves as a council member for the Trial and Appellate Advocacy Section of the South Carolina Bar.
Our civil rights litigation practice handles false arrest claims, excessive force cases, and illegal search and seizure violations. These cases require navigating complex legal doctrines like qualified immunity, and having an attorney who has seen these defenses built from the other side gives our clients a genuine strategic advantage.
If you believe your rights were violated during an arrest in South Carolina, contact Joshua P. Golson at (803) 284-8573 for a consultation.
Frequently Asked Questions
Can I Sue if the Charges Against Me Were Dropped?
Potentially, yes. Charges being dropped or dismissed does not automatically mean an arrest was false, but it also does not prevent a false arrest claim. What matters is whether the officer had probable cause at the time of the arrest itself, which is a separate question from how the underlying criminal case was ultimately resolved.
What's the Difference Between False Arrest and False Imprisonment?
False arrest specifically refers to an unlawful arrest made without probable cause. False imprisonment is a broader concept covering any unlawful confinement, which can include a false arrest but is not limited to actions taken by law enforcement specifically.
How Long Do I Have to File in South Carolina?
Deadlines vary depending on whether you are pursuing a federal civil rights claim or a state-law claim, and claims against government entities may involve shorter notice requirements. Because these deadlines can be short and evidence can disappear quickly, it is important to consult an attorney as soon as possible.
What Is Qualified Immunity and Will It Block My Case?
Qualified immunity is a legal doctrine that can shield officers from liability unless they violated a clearly established constitutional right. It does not automatically block every false arrest case, but it is a significant legal hurdle that requires a well-developed factual and legal strategy to overcome.
