Can a jury award damages for false arrest but not for malicious prosecution?

California, United States of America


The following excerpt is from Valentin v. Superior Court, 92 Cal.Rptr.2d 668 (Cal. App. 2000):

It is not beyond the capacity of the jury to award damages to the plaintiffs for false arrest but not for malicious prosecution. In Jackson, the court noted "conduct which might constitute malicious prosecution can become actionable as the tort of false imprisonment when the individual is not released pursuant to a court order. Damages in that case accrue when false imprisonment begins. It is equally logical to apportion damages for false imprisonment when it precedes the malicious prosecution as when it follows it." (121 Cal.App.3d at p. 588.) (Cf. Dragna v. White (1955) 45 Cal.2d 469, 473 [unreasonable delay in taking plaintiff before a magistrate subjects defendant "to liability for so much of the imprisonment as occurs after the period of necessary or reasonable delay."])

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