false arrest

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False Arrest

A tort (a civil wrong) that consists of an unlawful restraint of an individual's personal liberty or freedom of movement by another purporting to act according to the law.

The term false arrest is sometimes used interchangeably with that of the tort of False Imprisonment, and a false arrest is one method of committing a false imprisonment. A false arrest must be perpetrated by one who asserts that he or she is acting pursuant to legal authority, whereas a false imprisonment is any unlawful confinement. For example, if a sheriff arrests a person without any Probable Cause or reasonable basis, the sheriff has committed the torts of false arrest and false imprisonment. The sheriff has acted under the assumption of legal authority to deprive a person unlawfully of his or her liberty of movement. If, however, a driver refuses to allow a passenger to depart from a vehicle, the driver has committed the tort of false imprisonment because he or she unlawfully restrains freedom of movement. The driver has not committed false arrest, however, since he or she is not claiming to act under legal authority. A person who knowingly gives police false information in order to have someone arrested has committed the tort of Malicious Prosecution.

An action can be instituted for the damages ensuing from false arrest, such as loss of salary while imprisoned, or injury to reputation that results in a pecuniary loss to the victim. Ill will and malice are not elements of the tort, but if these factors are proven, Punitive Damages can be awarded in addition to Compensatory Damages or nominal damages.

false arrest

n. physically detaining someone without the legal right to do so. Quite often this involves private security people, or other owners or employees of retail establishments who hold someone without having seen a crime commited in their presence or pretend that they are police officers. While they may be entitled to make a "citizen's arrest" they had better be sure that they have a person who has committed a crime, and they must call law enforcement officers to take over at the first opportunity. Other common false arrest situations include an arrest by a police officer of the wrong person or without probable cause to believe a crime has been committed and/or without a warrant. Only when the arresting party knowingly holds someone who has not committed a crime, is the false arrest itself a crime. However, probable false arrest can be the basis of a lawsuit for damages, including mental distress and embarrassment. (See: false imprisonment)

false arrest

noun bogus arrest, illegal detainment, illegal placement in confinement, improper arrest, improper captivity, improper commitment to prison, improper confineeent, improper constraint, improper deprivation of liberty, improper imprisonment improper incarceration, improper legal restraint, improper placement into protective custody, improper restraint, improper seizure, wrong capture, wronggul placement into custody
References in periodicals archive ?
Thomas Donovan has filed suit against five Amherst, Massachusetts, police officers for false arrest and violating his civil rights.
In Eastern District of New York Case Number 15-cv-2155, the complaint demands a trial by jury and includes causes of action for false arrest, unlawful search and seizure, failure to intervene and a Monell Claim.
Adam Horstman alleges civil rights violations, false arrest and malicious prosecution in a lawsuit filed earlier this week.
The lawsuit, which names the city along with Officer Powers as defendants, alleges violations of the Civil Rights Act, malicious prosecution, false arrest and imprisonment, intentional infliction of emotional distress and assault and battery.
Turkish-born Halil Kandil, 40, won the payout for false arrest after a three-year legal battle.
It discusses the prevalence of civil liability in police and correctional work, the components of civil liability, and types of tort action, including state and federal tort law, deprivations of constitutional rights, administrative and supervisory liability, liability for failure to train, police misconduct and prisoner abuse, personnel issues, use of force, searches, false arrest and imprisonment, racial profiling, and wrongful custodial death, and defenses and risk management.
On appeal, plaintiff argues that, notwithstanding the allegations of false arrest and wrongful imprisonment, the gravamen of her complaint is negligence.
The BNP's website claimed: "Mike will definitely be suing the police for aggravated burglary, threatening, violent and destructive behaviour, assault and battery, false arrest, kidnap, unlawful incarceration, damage to individuals and their home, including the distress and trauma of being without any front doors, for four months.
Washington, Sep 5 ( ANI ): A nude model agreed to drop her lawsuit for false arrest against New York City for 15,000 dollars.
Speaking on the commemoration of the false arrest of four Generals in the assassination of late PM Rafic Hariri, Sayyed said the most evident example of their slanted behavior was what they have been using of defamation in their leakage on the case of former Minister Michel Samaha.
The pro-life students' claim against the university is based on false arrest and the suppression of freedom of expression and freedom from discrimination.
Dizaei, 49, in now in prison serving time for the assault and false arrest of Baghdadi.