false arrest

false arrest
A species of false imprisonment, consisting of the detention of a person without his or her consent and without lawful authority. Reams v. City of Tucson, App., 145 Ariz. 340, 701 P.2d 598, 601.
Such arrest consists in unlawful restraint of an individual's personal liberty or freedom of locomotion. Johnson v. Jackson, 43 Ill.App.2d 251, 193 N.E.2d 485, 489.
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.
See also imprisonment (false imprisonment)
- malicious prosecution

Black's law dictionary. . 1990.

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