A felony crime was reported to the police by the defendant. The police officer attended, and on the information supplied arrested the plaintiff who was taken to the police station and charged, signing the charge sheet.
Held: The defendant was not liable to the plaintiff in an action for trespass. Pollock CB said: in the context of an arrest of a claimant by a constable following a complaint by a defendant, the defendant ‘ought not to be held responsible in trespass [to the claimant], unless he directly and immediately causes the imprisonment.’
Judges:
Pollock CB
Citations:
(1859) 4 H and N 496, (1859) 28 LJ 242, (1859) 33 LTOS 10, (1859) 23 JP 280, [1859] EngR 475, (1859) 157 ER 934
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 24 November 2022; Ref: scu.222677
