Civil Rights & Police Misconduct
Wisconsin Illegal Arrest Lawyers
An Arrest Without Probable Cause Is a Civil Rights Violation
An Arrest Without Probable Cause Is a Civil Rights Violation
Police officers cannot arrest you simply because they suspect you, dislike you, or want to investigate further. An arrest requires probable cause — a reasonable belief, based on specific and articulable facts, that you committed a crime. When an officer makes an arrest without that legal foundation, they have violated your Fourth Amendment rights, and you may have a civil rights claim against the officer and an indemnity claim against the municipality that employs that officer.
Strang Bradley represents people throughout Wisconsin who have been subjected to false or illegal arrests. We pursue accountability through the courts and fight to ensure our clients are compensated for the harm they suffered.
What Makes an Arrest Illegal?
- Arrest without probable cause — the officer lacked sufficient legal basis
- Arrest based on a warrant obtained through false or misleading information
- Arrest based on a mistaken identity that the officer failed to verify
- Arrest made in retaliation for protected First Amendment activity (speaking out, recording police, peaceful protest)
- Continued detention after the legal basis for arrest has evaporated
Illegal Arrest vs. Wrongful Conviction
An illegal arrest does not require that you were ultimately convicted, acquitted, or even charged. The constitutional violation occurs at the moment of the unlawful seizure. Even if charges were later dropped, if the arrest lacked probable cause, you have a potential civil rights claim. If you were also wrongfully convicted, that is a separate and additional claim — see our Wrongful Convictions page.
What to Do If You Were Illegally Arrested
- Do not resist the arrest physically, even if it is unlawful. Comply and assert your rights through the legal process.
- Document any injuries suffered during or after the arrest, including those caused by handcuffing, transport, or processing.
- Obtain counsel. Act quickly — strict notice deadlines apply to claims against government entities in Wisconsin.
Constitutional and Wisconsin Law
False arrest claims are brought under the Fourth Amendment through 42 U.S.C. § 1983. Wisconsin also recognizes a state tort claim for false imprisonment. If the arrest was made pursuant to an official policy or a pattern of unlawful arrests, the municipality or county may also be liable under Monell v. Department of Social Services.
Compensation You May Be Entitled To From An Illegal Arrest
- Compensation for time spent in custody
- Lost wages during and following the unlawful detention
- Emotional distress, humiliation, and reputational harm
- Medical expenses for any injuries suffered during the arrest
- Compensation for the constitutional violation itself
- Punitive damages against the arresting officer individually in egregious cases
- Attorney’s fees under 42 U.S.C. § 1988
Why Choose Strang Bradley for Your Illegal Arrest Case
Our attorneys have extensive experience in the criminal courtroom, which gives us a uniquely thorough understanding of arrest law, probable cause standards, and police procedure. We know how to scrutinize police reports, use discovery to expose inconsistencies, and build persuasive civil rights cases for judges and juries.
Strang Bradley’s History of Winning False Arrest Cases
A selection of the excessive-force cases the firm has recently filed, won on summary judgment, and obtained judgments in.
Recent Cases Filed
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Vargas v. City of West Allis et al
No. 2:26-CV-00343 (E.D. Wis.)
Date Case Filed: 3/2/26
Defendants: City of West Allis, Morgan Youngquist, Olivia Court, Mark Burckel, Jesse Yiannackopoulos, and Levi Kossow
Claims:- Count 1: Unlawful Seizure and Failure to Intervene
- Count 2: Unlawful Arrest and Failure to Intervene
- Count 3: Excessive Force and Failure to Intervene
- Count 4: Indemnification Claim Against City of West Allis
Judgments Obtained
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Carter v. City of New Berlin et al
No. 2:25-CV-01719 (E.D. Wis.)
Date Case Filed: 11/4/25
Defendants: City of New Berlin, Lisette Ceballos, Melissa Romenesko, and Stacey Howard
Claims:- Count 1: Prolonged Seizure
- Count 2: False Arrest
- Count 3: Retaliation
- Count 4: Monell Claim Against City of New Berlin
- Count 5: Indemnification Claim Against City of New Berlin
Date of Judgment: April 17, 2026
Judgment entered for plaintiff Richard Carter against the City of New Berlin, Lisette Ceballos, Melissa Romenesko, and Stacey Howard.
In the news
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55 Swatting Calls: A Couple’s Fight Against Online Stalkers and the Police
The city of Milwaukee agreed to a $575,000 settlement after months of heavily armed police responses to 911 calls to the couple’s home that officials knew were hoaxes.
John Bradley, a lawyer for the couple, acknowledged that the Milwaukee police “did their job on the first few swatting calls.”
“The problem,” he added, “came after it had happened dozens of times.”
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Wisconsin police chief sued 3x, accused of unconstitutional stops
A sheriff’s deputy and small-town police chief, Brendan Cutrell, is the subject of three federal lawsuits alleging he violated the Fourth Amendment rights of individuals he pulled over.
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TMJ4 Lighthouse Investigation – City of Milwaukee Settles $575,000 Swatting Lawsuit
TMJ4's Investigative Report about the City of Milwaukee Settling a Civil Rights Lawsuit by Niki Robinson and Patrick Tomlinson for $575,000 For MPD's Relentless Swatting of Their Home.
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Milwaukee couple reaches $575,000 settlement with city after repeated swatting responses
After years of harassment, frustration, and danger, a Milwaukee couple is poised to receive a settlement payment from the City of Milwaukee. The city has agreed to pay the $575,000 settlement for not properly training 20 officers involved.
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City may pay $575,000 to settle MPD ‘swatting’ lawsuit involving local author
Milwaukee City Attorney Evan Goyke is recommending that the city pay more than half a million dollars to settle a federal lawsuit over the Milwaukee Police Department repeatedly entering and searching a local author’s home in response to false 911 calls.
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Strang Bradley defends Wisconsin man on federal charges after posting TikTok videos
CNN has reached out to Stanton’s attorney for comment.
In a statement to the New York Times, John Bradley, a lawyer for Stanton, said: “It is important to remember that the contents of a criminal complaint represent one side of the story and are just allegations. Mr. Stanton pled not guilty. He is presumed innocent, and we will vigorously defend against these charges in court.”
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Strang Bradley defends Wisconsin man facing federal charges related to ICE agents
In a statement, John Bradley, a lawyer for Mr. Stanton, a Marine Corps veteran who served in the Iraq War, said: “It is important to remember that the contents of a criminal complaint represent one side of the story and are just allegations. Mr. Stanton pled not guilty. He is presumed innocent, and we will vigorously defend against these charges in court.”
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County, city, several officers named in civil rights lawsuit
A Rhinelander man has filed a federal lawsuit in the United States District Court for the Western District of Wisconsin, alleging seven Oneida County sheriff’s deputies and two city police officers violated his civil rights by engaging in an illegal search and seizure, unreasonable extension of seizure, unlawful arrest and failure to intervene.
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Shorewood woman receives $760K civil rights settlement from City of Milwaukee
Stephanie Rapkin has been awarded a $760,000 settlement after suing Shorewood and Whitefish Bay over her arrest in 2020 where police conducted a search of her home without a warrant. “To our knowledge, this is the largest police misconduct civil rights settlement in Wisconsin that doesn’t involve a death or serious injury,” John Bradley, one of Rapkin’s attorneys, told the Journal Sentinel.
Our Team
Strang Bradley’s Civil Rights Lawyers
Answers
Illegal Arrest FAQs
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Does a dropped charge mean my arrest was illegal?
Not by itself. An arrest is unlawful if it lacked probable cause at the time — but charges being dropped can be part of the picture. We can assess whether probable cause existed.
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What's the difference between false arrest and false imprisonment?
They overlap. False arrest is a Fourth Amendment claim for an arrest without probable cause; Wisconsin also recognizes a state false imprisonment tort for unlawful detention.
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How long do I have to file?
Civil rights claims have deadlines, and claims against government entities often have quick and strict notice deadlines, so you should act promptly.
Were you wrongfully arrested? Let’s talk.
Consultations are free and confidential. Tell us what happened and we will tell you how we can help.
