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False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Galanakis' lawsuit accused the officers of state and federal constitutional violations and false arrest and, against the city, negligent training and supervision of Winters and another officer who ...
The lawsuit argued Garton was the victim of “false arrest and malicious prosecution” with authorities “incarcerating him for weeks and broadcasting his mugshot and the fact of his arrest to ...
The lawsuit stemmed from a custody battle that resulted in criminal charges against a Texas man who sued the Eddy County Sheriff's Office. Wrongful arrest case against Eddy County, Sheriff's ...
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. [2] Under common law, false imprisonment is both a crime and a tort.