Originally Posted by
rickair7777
That's the fairly rare exception, not the rule. Qualified immunity tends to be the default and you have to prove otherwise.
All governments pretty much have qualified immunity in some form... the degree of that, and the remedies available to the subjects varies widely.
With that said there is a growing movement to limit qualified immunity in the US, since it is generous enough to encourage a lot of abuse.
- Right to Compensation: If you are detained on suspicion of a crime and later acquitted, the charges are dropped, or the preliminary investigation is closed, you may be entitled to compensation. This applies even if you were detained for a short period (e.g., 24 hours) and the arrest warrant is subsequently revoked, according to the International Bar Association.
- Types of Damages: You can claim compensation for various damages resulting from the false arrest or detention, including physical harm, psychological distress, damage to reputation, and economic loss (such as lost wages).
- How to Claim: You can apply for compensation from the Swedish Crime Victim Authority (Brottsoffermyndigheten). You'll need to submit your application within a specific timeframe (generally three years from the relevant event, such as the crime being committed or the preliminary investigation being discontinued).
- Legal Action: In addition to claiming compensation from the state, you might also be able to pursue a civil lawsuit against the state if you're not satisfied with the Prosecutor General's Office decision on your compensation claim, according to EJN.
Important Note: The specifics of each case can vary, and it's essential to seek legal advice from a qualified Swedish attorney specializing in false arrest and unlawful detention cases to understand your rights and the best course of action.