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Wisconsin
Related: About this forumMy dear Solidarity Singers, have you thought of this?
http://legal-dictionary.thefreedictionary.com/false+arrestA tort (a civil wrong) that consists of an unlawful restraint of an individual's personal liberty or freedom of movement by another purporting to act according to the law.
The term false arrest is sometimes used interchangeably with that of the tort of False Imprisonment, and a false arrest is one method of committing a false imprisonment. A false arrest must be perpetrated by one who asserts that he or she is acting pursuant to legal authority, whereas a false imprisonment is any unlawful confinement. For example, if a sheriff arrests a person without any Probable Cause or reasonable basis, the sheriff has committed the torts of false arrest and false imprisonment. The sheriff has acted under the assumption of legal authority to deprive a person unlawfully of his or her liberty of movement.
The term false arrest is sometimes used interchangeably with that of the tort of False Imprisonment, and a false arrest is one method of committing a false imprisonment. A false arrest must be perpetrated by one who asserts that he or she is acting pursuant to legal authority, whereas a false imprisonment is any unlawful confinement. For example, if a sheriff arrests a person without any Probable Cause or reasonable basis, the sheriff has committed the torts of false arrest and false imprisonment. The sheriff has acted under the assumption of legal authority to deprive a person unlawfully of his or her liberty of movement.
Is it time to sue the Capitol Police personally? Or the DOA which ordered them to arrest? Food for thought.
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My dear Solidarity Singers, have you thought of this? (Original Post)
Scuba
Aug 2013
OP
Jackpine Radical
(45,274 posts)1. Or? I think the proper conjunction is "And."
"Is it time to sue the Capitol Police personally? [font color=red]Or[/font] the DOA which ordered them to arrest?"
Scuba
(53,475 posts)2. You're correct of course.
Lefta Dissenter
(6,617 posts)3. There is much discussion among the attorneys,
The laws make it a higher hurdle than one might think, but I still won't be surprised if we see such a suit in the near future.
Scuba
(53,475 posts)4. Figured you be on top of it. Thanks.
ewagner
(18,964 posts)5. You are righ...
..it sounds much simpler than it actually is, but I wouldn't be surprised if it happens..en masse..