Thursday, September 4, 2008
Elsie Law's Daily Dose Of The Law
According to Black's Law Dictionary, a false arrest is, "Such arrest consists [that] consists in unlawful restraint of an individual's personal liberty or freedom of locomotion. An arrest without proper legal authority is a false arrest and because an arrest restrains the liberty of a person it is also false imprisonment. The gist of the tort is protection of the personal interest in freedom from restraint of movement. Neither ill will nor malice are elements of the tort, but if these elements are shown, punitive damages may be awarded in addition to compensatory or nominal damages."