Off-duty Colorado police officer sued for false arrest
Denver, CO – An Elbert County woman is suing a local police officer, Jonathan Rolff, for false arrest and excessive force over an incident dating back to August 2021. Tori Plentyhoops claims the out-of-duty officer wrongfully took her car keys and prevented her from leaving a parking lot after accusing her of driving carelessly. After a witness called 911 to report a man was attacking a woman in the parking lot, the officer falsely accused the woman of kicking him to support a charge of assault on a peace officer. The victim sued Rolff as well as Elbert County Sheriff Tim Norton, but a federal judge decided last February that the letter cannot be held accountable for an off-duty employee’s actions. The false arrest lawsuit against Rolff can proceed though, the court ruled.
What constitutes false arrest in Colorado?
False arrest is when an individual is unlawfully detained or arrested by another person, who claims to have the authority to do so. Both the Fourth and the Fourteenth Amendments to the Constitution protect individuals against this abuse of power. Most cases of false arrest refer to law enforcement agents unlawfully detaining someone, but civilians can also be accused of wrongful arrest. For instance, if a shop owner or security guard prevents you from leaving the premises after falsely accusing you of shoplifting, this qualifies as a false arrest. The same may apply to domestic disputes when one spouse prevents the other from leaving the house.
Main types of false arrest include:
- Arresting the wrong person
- Arresting a person based on race and/or ethnicity
- Arresting a person without any probable cause that a crime had been committed
- Arresting a person without stating the person’s Miranda Rights
- Arresting a person due to incompetence, malice, or personal gain
- Arresting a person with an arrest warrant that the police officer obtained by submitting false evidence to the court
If you were wrongfully arrested, you need to talk to an experienced Denver police misconduct lawyer as soon as possible. To establish false arrest, the following elements must be present:
- Intent: The person making the arrest must have intended to arrest the individual, without a valid warrant or probable cause.
- Confinement: The individual must be physically restrained or confined against their will, without the ability to leave.
- Lack of Consent: The individual must not have consented to the arrest or detention. To establish that, you should ask whether you can go or not. Make them tell you that you cannot leave as this would strengthen your case.
- Lack of Probable Cause or Warrant: The arrest must not have been made with a valid warrant or probable cause. Seasoned Colorado police brutality lawyers say that people involved in this type of incident should ask to see the warrant and read it carefully. There have been several cases where the officers got the address or the name of the suspect wrong. Probable cause refers to a reasonable belief, based on the circumstances, that the individual has committed a crime or is about to commit a crime. Many times police stop black or Hispanic individuals without any probable cause. Skilled police misconduct lawyers may be able to build a case of racial profiling as well.
Types of remedies available under Colorado laws
The remedies for false arrest in Colorado can vary depending on the circumstances of the case, but they generally include:
Monetary damages: The individual who was falsely arrested may be entitled to compensation for damages such as lost wages, medical expenses, emotional distress, and loss of reputation.
Declaratory relief: A court can issue a declaratory judgment, which clarifies the rights and responsibilities of the parties involved in the false arrest.
Injunctive relief: An injunction can be issued to prevent further false arrests or to require changes to the practices or procedures that led to the false arrest.
Expungement of criminal record: In some cases, an individual who was falsely arrested may be able to have the arrest and related criminal charges expunged from their record.
Police reform: False arrests can lead to calls for police reform, including changes to police training and procedures, increased accountability and transparency, and improved relations between the police and the community.
If you were a victim of any type of police brutality, you should contact an experienced civil rights lawyer at the Bryan & Terrill law firm right away. Their attorneys will use all their professional expertise to bring to justice those who abused their powers and broke the law they were supposed to uphold.
Contact info:
333 W. Hampden Ave., #420B
Englewood, CO 80110
(720) 923-2333
