AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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False Arrest/Imprisonment: From Private Citizens

           Officer liable for $20,000 for arrest, without probable cause, of student who refused to cooperate with his investigation of beating of youths who stole a keg of beer from the student's party Mahoney v. Kesery, 770 F.Supp. 472 (E.D. Wis 1991).
     Officers who acted on savings institution's complaint in making arrest on forgery charges had probable cause for arrest Adrian v. Skokie Federal Savings & Loan Association, 730 F.Supp. 189 (N.D.Ill. 1990).
     Officers had probable cause to arrest pedestrian based on motorists' statements that he had kicked their car and assaulted the driver Kruppenbacher v. Mazszeo, 744 F.Supp. 402 (NDNY 1990).
     Plaintiff could not recover "double compensation" for false arrest--once in federal civil rights claim and once in state court false imprisonment suit; state court orders deduction from false imprisonment damages of amount previously received for civil rights claim Chicilo v. Marshall, 460 N W 2d 231 (Mich App. 1990).
     Deputy sheriff had probable cause to arrest couple for sexual battery of child after interviewing child's parents and watching interview of child over video monitor LeGrand v. Dean, 564 So.2d 510 (Fla App. 1990).
     Troopers acted reasonably in arresting father of vehicle's owner for obstruction of justice when he denied knowledge of owner's whereabouts at accident scene Gorra v. Hanson, 880 F.2d 95 (8th Cir. 1989).
     Sheriff liable for deputy's arrest without satisfactorily checking out complaint Carson v. Brookshire, 440 So.2d 614 (Fla App. 1983).
     No Section 1983 claim for arrest of wrong man due to mistaken identity made by private citizen LaMar v. Town of Greece, 468 N.Y.S.2d 744 (App. 1983).
     Deprogrammers hired by parents falsely imprisoned son Eilers v. Coy, 582 F.Supp. 1093 (D. Minn. 1984).
     Doctor's anger and threats to call police over missing $500 does not constitute false imprisonment Morales v. Lee, 668 S.W.2d 867 (Tex.App. 1984).
     Judicial approval of warrant does not insulate officer from liability Briggs v. Malley, 748 F.2d 715 (1st Cir. 1984).
     Louisiana law, not federal, applies in suits for arrests based on facially valid warrant Simons v. Clemons, 752 F.2d 1053 (5th Cir. 1985).
     Address error does not invalidate warrant Cerva v. Fulmer, 596 F.Supp. 86 (E.D. Pa 1984).
     City council members prohibited from issuing warrants Kelly v. City of Marietta, 322 S.E.2d 885 (Ga 1984).
     No liability for issuance of arrest warrant to wrong person Thompson v. Prince William County, 753 F.2d 363 (4th Cir. 1985).
     Police officer's malicious actions in obtaining warrant does not invalidate arrest Jureczki v. City of Seabrook, Tex, 760 F.2d 666 (5th Cir. l985).
     Police officer's arrest based on dispatcher's information was valid Garrett v. City of Bloomington, 478 N.E.2d 89 (Ind App. 1985).
     Arrest report inadmissible Cranwill v. Donahue, 478 N.E.2d 22 (Ill App. 1985).
     Complaint dismissed for failure to allege computer tort in mistaken arrest Scott v. District of Columbia, 493 A.2d 319 (DC App. 1985).
     Attorney's false arrest suit dismissed for failure to comply with mandatory arbitration Lyons v. Wickhorst, 206 Cal.Rptr. 197 (App. 1984).
     Town not entitled to mistrial based on plaintiff's settlement with private party Orndorff v. DeNooyer Chevrolet, Inc, 503 N.Y.S.2d 444 (A.D. 3 Dept 1986).

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