How to File a Civil Rights Lawsuit Against Police for False Criminal Charges
Every year throughout the United States, innocent drivers are arrested and charged with DUI offenses that they insist never should have occurred. In some cases, these arrests result from honest mistakes or misunderstandings. However, in other situations, lawsuits allege something far more disturbing: that police officers fabricated evidence, exaggerated signs of intoxication, ignored negative test results, or knowingly pursued criminal charges without probable cause.
When this happens, victims may have the right to file a civil rights lawsuit against police officers and municipalities seeking financial compensation for the harm caused by these wrongful arrests.
At Mitchell S. Sexner & Associates LLC and Sexner Injury Lawyers LLC, we understand how devastating false criminal accusations can be. Since 1990, our attorneys have represented thousands of individuals facing serious criminal allegations and constitutional violations. Over $30,000,000 in settlements and verdicts have been collected for our clients.
False DUI arrests can destroy reputations, jeopardize employment, suspend driver’s licenses, disqualify CDLs, create immigration concerns, and cause enormous emotional distress even if charges are later dismissed.
Can Police Be Sued for a Fabricated DUI Arrest?
Yes. Under federal civil rights laws, including 42 U.S.C. § 1983, individuals may sue police officers and governmental entities when officers violate constitutional rights.
In DUI-related cases, lawsuits commonly allege violations involving:
- False arrest
- Lack of probable cause
- Fabrication of evidence
- Malicious prosecution
- Unlawful seizure
- Due process violations
- Failure to disclose exculpatory evidence
- Improper DUI investigations
These lawsuits are often based on the Fourth Amendment to the United States Constitution, which protects individuals against unreasonable searches and seizures.
Examples of Improper Police Conduct
While police officers are generally permitted to make arrests based on reasonable suspicion and probable cause, they cannot legally:
- Invent symptoms of intoxication;
- Falsify field sobriety test results;
- Ignore negative chemical tests;
- Misrepresent body camera footage;
- Fabricate observations in police reports; or
- Arrest drivers without sufficient legal justification.
When evidence suggests that officers knowingly exaggerated or fabricated DUI allegations, victims may pursue substantial financial damages.
Who is Illinois State Trooper Kevin Bradley?
Kevin Bradley is an Illinois State Police trooper who recently became the subject of significant public scrutiny and multiple civil lawsuits alleging wrongful DUI arrests and fabricated evidence. According to an extensive investigation by ABC7 Chicago’s I-Team, Bradley had been recognized by a nonprofit organization as Illinois’ “Top Cop” for making the highest number of DUI arrests statewide in certain years.
The ABC7 investigation reported that numerous drivers arrested by Bradley later claimed they were completely sober, and several DUI cases reportedly resulted in dismissals or findings of not guilty after lengthy court proceedings.
Attorneys representing some of the motorists allegedly accused Bradley of following a “common design” of fabricating evidence to establish probable cause for DUI arrests. Court filings quoted in the report alleged that Bradley used “cookie cutter field reports” that appeared copied and pasted across many DUI arrests.
Chicago’s History of False Arrest and Fabricated Evidence Lawsuits
Although fabricated DUI cases occur all over the country, Chicago has long faced allegations involving police misconduct, false arrests, and fabricated criminal charges.
Over the years, the City of Chicago has paid tens of millions of dollars to resolve lawsuits involving allegations that officers:
- Fabricated evidence;
- Coerced confessions;
- Filed false reports;
- Conducted unlawful arrests; and
- Violated constitutional rights.
One of the most significant examples involved litigation tied to former Chicago Police Sergeant Ronald Watts and officers working under him on the South Side of Chicago.
The Ronald Watts Scandal and Massive Chicago Settlements
Former Sergeant Ronald Watts became the subject of widespread allegations that officers working under his command framed innocent individuals, falsified police reports, and pursued fabricated criminal charges against residents.
Many plaintiffs alleged they were:
- Wrongfully arrested;
- Falsely accused of crimes;
- Subjected to fabricated narcotics charges;
- Detained without lawful justification; and
- Coerced into guilty pleas despite innocence.
As more lawsuits were filed, Chicago ultimately approved settlements totaling approximately $90 million connected to alleged misconduct involving Watts and related wrongful convictions.
While many of these lawsuits involved narcotics-related charges rather than DUI arrests specifically, the legal principles are highly relevant to fabricated DUI cases because they involve the same constitutional concerns:
- False police reports;
- Fabricated probable cause;
- Dishonest testimony; and
- Abuse of police authority.
The Chicago litigation demonstrates how significant monetary settlements can be when police misconduct becomes systemic or tolerated within a department.
Other Wrongful DUI Arrest Lawsuits Across the United States
Several other high-profile lawsuits across the country have also focused on allegations that police officers improperly arrested sober drivers for DUI offenses.
Hawaii Class Action Lawsuit
One of the most publicized cases involved a class-action lawsuit filed against the Honolulu Police Department. According to the lawsuit, numerous sober drivers were allegedly arrested for DUI despite later producing breath test results showing 0.00 blood alcohol concentrations.
The lawsuit alleged that officers improperly arrested individuals without adequate probable cause and accused the department of maintaining unconstitutional practices that resulted in innocent motorists being jailed and prosecuted.
Civil rights organizations involved in the case argued that the wrongful arrests caused:
- Public humiliation;
- Loss of employment;
- Emotional trauma;
- Legal expenses; and
- Lasting reputational harm.
The litigation drew national attention because it raised concerns that some DUI arrests may have been driven more by statistics and enforcement quotas than actual evidence of impairment.
Colorado and Arizona DUI Fabrication Lawsuits
In Colorado, federal litigation was filed against police officers accused of submitting false or misleading information in connection with a DUI arrest. The plaintiff alleged that the officers fabricated observations despite evidence that contradicted claims of intoxication.
Similarly, in Arizona, a woman filed suit after being arrested for DUI shortly after her wedding despite allegedly testing negative for alcohol and drugs. The lawsuit claimed officers ignored exculpatory evidence and unlawfully detained her without sufficient probable cause.
Cases such as these highlight the importance of:
- Body camera footage;
- Squad car videos;
- Breathalyzer maintenance records;
- Toxicology reports; and
- Independent witness testimony.
These forms of evidence often become critical in exposing inconsistencies between police reports and objective evidence.
How Fabricated DUI Arrests Can Harm Victims
Even if DUI charges are eventually dismissed, the damage caused by a wrongful arrest can be severe.
Victims often suffer:
- Driver’s license suspensions;
- Job loss;
- Immigration consequences;
- Increased insurance costs;
- Public embarrassment;
- Emotional distress;
- Anxiety and depression;
- Damage to professional licenses; and
- Significant attorney’s fees.
In some situations, innocent individuals spend time in jail before toxicology results ultimately prove they were not impaired. Others may feel pressured into accepting plea agreements simply to avoid the risks and expenses associated with prolonged litigation.
What Must Be Proven in a Civil Rights Lawsuit?
Every case is different, but successful civil rights claims involving fabricated DUI arrests often require proof that:
- Officers lacked probable cause;
- Evidence was knowingly falsified;
- Exculpatory evidence was ignored or concealed;
- Officers acted maliciously or recklessly; or
- Constitutional rights were violated.
Our experienced legal team can often identify inconsistencies between the objective evidence and the allegations contained in police reports.
Can Victims Recover Financial Compensation?
Yes. Individuals harmed by fabricated DUI arrests or false criminal accusations may be entitled to seek compensation for:
- Emotional distress;
- Lost wages;
- Legal expenses;
- Loss of liberty;
- Damage to reputation;
- Medical or psychological treatment;
- Punitive damages; and
- Attorney’s fees.
In some cases, large punitive damages may be awarded against individual officers whose conduct was especially reckless or intentional.
How Our Legal Team Can Help
At Mitchell S. Sexner & Associates LLC and Sexner Injury Lawyers LLC, our attorneys have extensive experience handling serious criminal defense matters and investigating police misconduct allegations throughout Chicago and across Illinois and the country.
Attorney Mitchell Sexner is a former criminal and traffic prosecutor who understands how DUI investigations are conducted and how constitutional violations can occur during police encounters.
If you believe you were falsely arrested for DUI or subjected to fabricated criminal allegations, our legal team can help. Our team has already collected over $30,000,000 for our clients and their families. Call us 24 hours a day for a free and confidential consultation with a member of our skilled legal team at (312) 644-0444.