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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.
Wrongful detention is the detention of an individual where there is no likelihood or evidence that they have committed a crime against a legal statute, or in which there has been no proper due process of law. [1] [2] A person does not need to be arrested in order to be wrongfully detained.
Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison ).
In the United States, detinue is a possessory action having for its object the recovery of specific personal property and damages for its detention. [57] At common law an action of detinue would lie for the recovery of specific personal property unlawfully detained, or its value, and for damages for its detention. [58]
These kinds of eyewitness errors are common in wrongful conviction cases. The Innocence Projects says that eyewitness misidentification played a role in 69% of convictions overturned by DNA evidence.
It became necessary to invent a new writ which covered the gap between action in trespass which lay for the wrongful taking of a chattel, and detinue which lay for its wrongful detention. [9] [10] [25] The claim in conversion had become standardized by 1554 in the case of Lord Mounteagle v Countess of Worcester (1554) 2 Dyer 121a, 73 ER 265 ...
The two joined forces with other investors to start a property management company, buying up older hotels across New York City. But as New York’s real estate market dried up in the 1980s amid fears of crime, Slattery and his business partners began searching for more rewarding pursuits.
Oliver died from a "long-standing, terminal medical condition for which treatment was ongoing," according to a spokesman for the Shawnee County Adult Detention Center and Annex. Jail or Agency: Shawnee County Adult Detention Center and Annex; State: Kansas; Date arrested or booked: 7/10/2015; Date of death: 5/10/2016; Age at death: 44; Sources ...