Florida Wrongful Arrest & False Arrest Lawyer

Federal Civil Rights Claims Under 42 U.S.C. § 1983

An arrest without probable cause is not just a mistake — it can be a violation of the Constitution.

Under 42 U.S.C. § 1983, individuals may bring a federal civil rights lawsuit when law enforcement officers unlawfully detain or arrest them without legal justification.

At Jordan Holmes Law, P.A., we evaluate and pursue wrongful arrest and false arrest claims throughout Florida with precision, discretion, and strategic federal litigation planning.

If your freedom was taken without lawful cause, you may have a claim.

What Is a Wrongful Arrest in Florida?

A wrongful arrest — often referred to as false arrest — occurs when law enforcement takes a person into custody without probable cause.

Probable cause requires objective facts that would lead a reasonable officer to believe a crime was committed.

A civil rights claim may arise when:

Officers arrest without sufficient evidence
Arrest affidavits contain false statements
Material facts were omitted from warrant applications
Charges are unsupported by objective evidence
An arrest is based on mistaken identity
An arrest follows an unlawful stop or search

A dismissal of charges does not automatically prove a wrongful arrest — but it may be a significant factor in evaluating a § 1983 claim.

The Constitutional Standard

Wrongful arrest claims are analyzed under the Fourth Amendment, which protects against unreasonable seizures.

A seizure includes:

Formal arrest
Detention without freedom to leave
Handcuffing or transport to jail
Extended investigatory detention

Courts examine whether probable cause existed at the moment the arrest occurred — not what was discovered afterward.

These cases require careful analysis of body camera footage, officer reports, witness statements, and dispatch records.

Common Scenarios in Florida False Arrest Cases

Wrongful arrest claims often arise from:

Arrests during heated domestic disputes
Arrests based solely on one-sided accusations
Protest-related arrests
Arrests after unlawful traffic stops
Warrant arrests based on mistaken identity
Charges later dismissed for lack of evidence

In many cases, the underlying criminal case collapses — but the constitutional harm has already occurred.

False Arrest vs. Malicious Prosecution

While related, false arrest and malicious prosecution claims are distinct.

A false arrest claim focuses on the lack of probable cause at the time of arrest.

A malicious prosecution claim may arise when charges are pursued without legal basis after the arrest.

Strategic legal analysis determines which claim — or combination of claims — is appropriate.

Qualified Immunity & Federal Litigation

Officers frequently assert qualified immunity, arguing that their actions did not violate clearly established law.

To succeed in a wrongful arrest § 1983 claim, it must be shown that:

There was no probable cause; and
The constitutional right was clearly established at the time of arrest.

Overcoming qualified immunity requires precise federal pleading and strong constitutional argument.

These cases are litigated in federal court — not small claims court.

Damages in Wrongful Arrest Lawsuits

If successful, a false arrest claim may allow recovery for:

Loss of liberty
Emotional distress
Reputational harm
Lost wages
Legal expenses incurred
Attorney's fees under federal statute
Punitive damages in appropriate cases

Every case is fact-specific and depends on the extent of harm and duration of detention.

No Fee Unless We Win

All civil rights and § 1983 cases at Jordan Holmes Law, P.A. are handled on a contingency fee basis.

You pay nothing unless we recover compensation for you.

This ensures that constitutional accountability is accessible — not reserved for those able to pay hourly fees.

Speak With a Florida Wrongful Arrest Attorney

If you believe you were arrested without probable cause in Florida, early legal evaluation is critical.

Evidence must be preserved. Video footage must be secured. Federal deadlines must be analyzed.

Contact Jordan Holmes Law, P.A. for a confidential consultation regarding your wrongful arrest claim.

Your liberty matters.
Your reputation matters.
Your constitutional rights matter.