ikeboy
Joined 12 years ago
Joined 12 years ago
https://law.justia.com/cases/federal/appellate-courts/ca9/22...
In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count.
See eg. https://caselaw.findlaw.com/court/us-supreme-court/549/384.h...
>Reflective of the fact that false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process--when, for example, he is bound over by a magistrate or arraigned on charges. Dobbs, supra, §39, at 74, n. 2; Keeton, supra, §119, at 888; H. Stephen, Actions for Malicious Prosecution 120-123 (1888). Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process
You could make the system more adversarial at that point, although I think enforcing bail hearings where a public defender can argue would help in this and many other cases.
And in comments I expanded on this and gave several specific reforms.
Not sure what your understanding was.
When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
Instead somehow bail was set at $2 million and the hearing to reduce bail was delayed.
Those are flaws in the system that should be fixed, and will continue harming people even without bad faith from sheriffs.
Personal civil liability and firing can also help.