Can a plaintiff sustain a false imprisonment claim if he was wrongfully housed in administrative segregation for a period of time?

California, United States of America


The following excerpt is from Babb v. Hall, A136886 (Cal. App. 2013):

As to the false imprisonment claim, section 820.4 states: "A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for . . . false imprisonment." To state a claim for false imprisonment, a plaintiff must allege he was restrained by another, and that the restraint was completely unlawful and without authority. (See Collins v. County of Los Angeles (1966) 241 Cal.App.2d 451.) As there is no dispute as to whether plaintiff is legally incarcerated, we conclude he cannot sustain a false imprisonment claim, even if he was wrongfully housed in administrative segregation for a period of time.

Other Questions


Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case? (California, United States of America)
What is the test for a claim for wrongful imprisonment, intentional infliction of emotional distress and false imprisonment? (California, United States of America)
Does a mistake by a lawyer in filing for a claim against the wrong governmental entity proximately caused the claim to be filed with the wrong government entity? (California, United States of America)
Can a plaintiff recover damages from a police officer for false arrest and false imprisonment? (California, United States of America)
Does the term "sustained" mean a period of time that is sustained? (California, United States of America)
Can a plaintiff claim interest on damages for personal injury sustained by another plaintiff? (California, United States of America)
What is the difference between false imprisonment and misdemeanor false imprisonment? (California, United States of America)
Can a trier of fact make a finding that a plaintiff is not a party to a claim of false imprisonment? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the test for a motion for judgment on the pleadings of a plaintiff who failed to file a timely claim under the Government Claims Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.