Sentences with phrase «false arrest if»

If you've ever been charged, there are many reasons it might fail to stick, such as prosecutorial discretion, limited taxpayer funds, lack of evidence, etc., and you can't win damages for false arrest if the state decides to enforce, or act toward enforcing, its laws created by the state legislature, which should tell you something.

Not exact matches

If an Internet dating service conducts criminal background screenings, then the service shall disclose whether it has a policy allowing a member who has been identified as having a criminal conviction to have access to its service to communicate with any New Jersey member; shall state that criminal background screenings aren't foolproof; that they may give members a false sense of security; that they aren't a perfect safety solution; that criminals may circumvent even the most sophisticated search technology; that not all criminal records are public in all states and not all databases are up to date; that only publicly available convictions are included in the screening; and that screenings don't cover other types of convictions or arrests or any convictions from foreign countries.

In theory, this could mean that under a scenario in which the police falsely arrest you, you resist, and they then severely beat you, if they could show that the beating was the result of your resisting, not the false arrest, you could be barred from suing for anything other than the cost of treating your injuries.

Dismissal for lack of evidence or prosecutorial discretion is not the same as having a right recognized on the record that would enable you to win a claim for false arrest or other damages, get state laws struck down, etc. that would be able to be done if you had an actual right.

If the police did not actually have probable cause for arresting or charging you, then you might have a case, perhaps for false arrest or malicious prosecution.

If you have damage claims resulting from things like libel, slander, false arrest, or defamation of character, an umbrella policy could protect you, when your homeowners policy may not.