"Police Liability for False Arrest or Imprisonment" by John M. Manos
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Authors

John M. Manos

Abstract

It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an officer of the law can expose himself to liability for false imprisonment.

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Police Tort Liability (Symposium)

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