Police Misconduct Excessive force and false arrest. Are you a victim of police misconduct? The United States Constitution requires that federal, state, and local police officials refrain from making false arrests and that they use only reasonable amounts of force. Similarly, "false arrest" is when someone arrests another individual without the legal authority to do so, which becomes false imprisonment the moment he or she is taken into custody. Elements of a False Imprisonment Claim. All states have false imprisonment laws to protect against unlawful confinement.

False arrest is an arrest made with neither a warrant or probable cause. False arrest is a form of false imprisonment conducted by a party who claims to have authority to make the arrest. It can be had against law enforcement, but false arrest is more commonly prosecuted against private security firms. 2015 Code of Alabama Title 6 - CIVIL PRACTICE. Chapter 5 - ACTIONS. Article 10 - False Imprisonment. Section 6-5-170 - Definition.