Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Generally speaking: Most cases of false arrest involve accusations of shoplifting, and are brought against security guards and retail stores.
For example, a guard does not have reasonable and probable cause if a shopper has not yet paid for merchandise they are carrying in the belief that the person intends to leave without making payment.
[7] This doctrine can protect officials from liability when engaged in legal grey areas including qualifying discretionary actions in the arrests of suspects.
False statements by public servants to justify or cover up an illegal arrest are another violation of federal law.
A police officer (McGuigan) detained a man shopping at a mall (Sorrell) based on the description of a suspect who had committed a theft at a store nearby, and proceeded to search him for weapons.
However, the officer still arrested Sorrell for possession of a concealed weapon, because he was carrying a folding knife with a 3 inch long blade in his pocket.
Sorrell was released immediately after booking and was never prosecuted as there was technically no crime, and sued the police officer for false arrest.
In at least two prominent cases, bounty hunters were charged with kidnapping after taking custody of a bail jumper outside of the United States and bringing them back to the court that issued the warrant.