CASE SCENARIO:

Jimmy accidentally locked his house keys in the house. None of his friends or family had a spare key. So he had to break into his house to get the keys. Someone driving by the house saw Jimmy breaking into the house and called the police to report a burglar. The police came out to the house to investigate. He was arrested for trespassing.

Could our client, Jimmy, sue the police for Intentional or reckless infliction of emotional distress if he is arrested for trespassing into his own home? Would this be hard to prove? How does the plaintiff (the one who was arrested without probable cause) prove he is suffering from emotional distress? How do we get into the plaintiff's head? Is it a subjective test (how does that plaintiff feel) or an objective test (how would the reasonable person feel under the same or similar circumstances)? Is suing hard to begin with to win a case against the police department and a police officer?