Sometimes. In Ohio, malicious prosecution and false imprisonment claims are generally due within one year (R.C. 2305.11(A)), and claims against police under 42 U.S.C. § 1983 generally within two years (R.C. 2305.10(A); see also R.C. 4112.052(D)). People wrongfully convicted and imprisoned may have a separate claim against the State (R.C. 2743.48(B)(1)-(2), (H)(2)). A dismissal alone is not always enough.
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
Jeckering & Associates, LLC brings these cases as a Columbus litigation firm out of its main office, located at 10 N High St, Suite 301, Columbus, OH 43215 (614-944-5151). Walking out of court cleared does not undo the handcuffs, the mugshot or the months spent fighting a case that should never have existed, and our civil rights practice takes the fight back to the people responsible.
What is malicious prosecution in Ohio?
It is a claim that someone started or continued a criminal case against you without probable cause and with malice, and the case ended in your favor. Courts look closely at each of those parts.
Each of those pieces is a fight of its own, and the other side will contest every one of them. We look for what the accuser or officer knew when the charge was filed and what they left out of the report. We also check whether anyone kept pushing the case after the evidence fell apart, because those facts are what separate a weak prosecution from a malicious one.
How is false arrest different from malicious prosecution?
False arrest and false imprisonment are about being held without legal authority. Malicious prosecution is about a criminal case that should never have been brought, and the deadlines can start at different times.
The two often travel together, since a baseless arrest is frequently followed by baseless charges, but courts treat them as separate wrongs with separate proof. That is why we map every stage of what happened to you, from the stop to the final entry, before deciding which claims to bring.
Can I sue the police for a false arrest?
In some cases. An arrest without probable cause can violate the Fourth Amendment, and 42 U.S.C. § 1983 lets you sue officers who violate your constitutional rights under color of state law; our police misconduct page explains when officers and the city can be responsible.
Officers usually answer these claims by raising qualified immunity, and that defense shapes the whole case from the very first filing. Our page on police misconduct and excessive force covers that defense and the separate rules for holding a city liable alongside the officers who made the arrest.
Does it matter how my criminal case ended?
Generally yes. A malicious prosecution claim generally requires that the case ended in your favor, and some endings, such as certain plea agreements, can rule a claim out.
An acquittal, a dismissal and a deal with the prosecutor can look alike from the outside but can carry very different weight in a civil case. Bring us the final entry from the criminal court, because the exact words of that entry often matter more than how the case felt at the end.
What is the deadline to sue for malicious prosecution or false arrest in Ohio?
Generally one year for malicious prosecution and false imprisonment claims under Ohio law (R.C. 2305.11(A)) and two years for § 1983 claims (R.C. 2305.10(A); see also R.C. 4112.052(D)). When the clock starts can differ by claim.
| Claim | General deadline | Cite |
|---|---|---|
| Ohio malicious prosecution or false imprisonment | One year after the claim accrues | R.C. 2305.11(A) |
| Federal civil rights claim under § 1983 | Two years after the claim accrues, borrowed from Ohio law | R.C. 2305.10(A); see also R.C. 4112.052(D) |
| Wrongful imprisonment claim against the State | Two years after the common pleas determination is entered | R.C. 2743.48(H)(2) |
When each claim accrues is a question of its own, and a false-arrest clock can be running while the criminal case is still open. We set every date down on paper at the start so that no claim is lost to a calendar you never saw.
What is a wrongful imprisonment claim against the State of Ohio?
It is a two-step process: a court of common pleas in the county where the criminal case began first decides whether you are a wrongfully imprisoned individual (R.C. 2743.48(B)(1)-(2)), and a claim must then be filed in the Court of Claims within two years after that determination is entered (R.C. 2743.48(H)(2)).
The first step is a separate civil action, not a motion in the old criminal case, and the Ohio Attorney General is served with the complaint and heard in it. Our government claims page explains how the Court of Claims works, and if you or a family member was released after a conviction was overturned, bring us the dates and the court’s final order.
Case dismissed or conviction vacated? Call 614-944-5151 and have the final entry ready.
Who can be held responsible?
Depending on the facts, police officers, a city or county under limited conditions, or a private person who pushed for baseless charges. Prosecutors generally have strong immunity for decisions about bringing and trying a case.
Under Ohio law, a city or county is generally immune from damages claims except in the situations R.C. 2744.02(B) lists, so the federal claim and the state claims often point at different defendants. Our guide to the people and agencies you can hold liable for a civil rights violation in Ohio walks through officers, supervisors and the agencies behind them.
What records help a malicious prosecution or false arrest claim?
The dismissal or acquittal entry, the court docket, police reports, body-camera and dispatch records, and witness names are common starting points.
Police agencies hold the reports, body-camera video and dispatch recordings, and some recordings may be overwritten on a retention schedule long before anyone thinks to ask for them. Our guide to gathering public records before a lawsuit explains how requests work, and we move quickly to demand the files before those retention periods run out.
Can I also clear my record?
Sealing a record is a separate process in criminal court. Our criminal law page explains it.
A civil claim does not erase an arrest or a charge from your record, and a sealing request does not bring a civil claim for you. Our criminal defense team can explain the sealing side while we look at whether someone owes you for what happened.
How does our Columbus civil rights team approach these cases?
We start with the criminal case file and the records behind the arrest, then identify each possible defendant and the deadline for each claim.
- Case file first: we pull the docket, the police reports and the final entry, then tell you plainly whether a civil claim is worth pursuing.
- On your side of the table: the government brings its own lawyers and holds the file, and our job is to level the playing field for the person who was arrested or prosecuted.
- Ready for the immunity fight: we build the facts that answer qualified immunity and the other defenses officers raise, because we fight to win.
- Close to home: clients from Franklin County meet us downtown, and clients farther west can use our Mechanicsburg office instead.
Frequently asked questions
Can I sue if my charges were dropped in Ohio?
Possibly. You generally need to show the case lacked probable cause, was brought with malice and ended in your favor, and a dismissal alone doesn’t always meet that test.
When is a malicious prosecution claim due in Ohio?
Generally one year (R.C. 2305.11(A)). A federal § 1983 claim based on the same events is generally due within a two-year period (R.C. 2305.10(A); see also R.C. 4112.052(D)).
Can I sue the police for false arrest in Ohio?
In some cases. Officers who arrest you without probable cause can be sued under § 1983 for violating the Fourth Amendment, though qualified immunity and other defenses can apply.
What is a wrongfully imprisoned individual in Ohio?
It is a status a court of common pleas can declare under R.C. 2743.48(B)(1)-(2) for people who were convicted and imprisoned and later cleared under the statute’s conditions. That declaration comes before any claim in the Court of Claims.
Can I sue the prosecutor?
Usually not for decisions about bringing or trying a case, because prosecutors generally have immunity for those acts. Other people involved may still be responsible.
Do I need to wait for my criminal case to end?
Generally yes for malicious prosecution, because the case must end in your favor first. False arrest and other claims can have deadlines that are already running, so talk with your criminal defense lawyer about timing early.
Cleared of the charges? Now we fight for your rights in civil court.
Charges dismissed or conviction overturned? Talk with our Columbus civil rights team about what happened and which deadlines apply. You can reach our downtown Columbus team at 614-944-5151, our Mechanicsburg office at 937-896-2222, or send the details online. Reaching our office does not put any deadline on hold, so keep your own dates in view.
Millions of dollars recovered on behalf of our clients. Past results do not guarantee a similar outcome.
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM