A. Elements of a False Arrest Claim
Causes of action are comprised of factual elements that
must be proven in order to prevail at trial. The Notice of
Claim and the Complaint must address each of these
elements.
There are four elements of a false arrest (or false
imprisonment) action:
(1) The defendant intended to confine the plaintiff;
(2) The plaintiff was conscious of the confinement;
(3) The plaintiff did not consent to the confinement;
and
(4) The confinement was not otherwise justified
privileged. (Weyant v. Okst, 101 F.3d 845, 852 (2d
Cir. 1996).
As noted in Chapter 2, damages in a false arrest case
are generally limited to compensation for injuries from the
time of arrest or detention until the arraigment. The reason
for this rule is that the prosector’s filing of a complaint is
an independent action for which the officer that made the
arrest or detention is not responsible.