Can a plaintiff recover damages for false imprisonment?

California, United States of America


The following excerpt is from Van Audenhove v. Perry, 11 Cal.App.5th 915, 217 Cal.Rptr.3d 843 (Cal. App. 2017):

" No one can recover damages for a legal arrest and conviction; therefore, in cases of malicious prosecution it becomes necessary to await the final determination of the action . But the same principle does not apply to an action for false imprisonment, as the form of action is based upon an illegal arrest and no matter ex post facto can legalize an act which was illegal at the time it was done. From this it will be seen that one of the essential elements of a complaint for malicious prosecution is that the proceeding upon which it is based has finally terminated in favor of the plaintiff, while it is equally apparent that this is not a necessary or proper allegation in an action for false imprisonment. [Citations.] [Citations.]" (Singleton v. Perry , supra , 45 Cal.2d at pp. 494-495, 289 P.2d 794, some italics in orig., some italics added.)

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