Alkire v. Irving.U.S. Appeals Court FALSE IMPRISONMENT false imprisonment, complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages. Alkire v. Irving, 330 F.3d 802 (6th Cir. 2003). An arrestee ARRESTEE, law of Scotland. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he shall make payment of the sum, or deliver the goods arrested to the common debtor, he is not only liable criminally for brought a civil rights action under [section] 1983, alleging that his constitutional rights were violated by his warrantless detention on a drunk driving charge, and a civil debt-related incarceration Confinement in a jail or prison; imprisonment. Police officers and other law enforcement officers are authorized by federal, state, and local lawmakers to arrest and confine persons suspected of crimes. The judicial system is authorized to confine persons convicted of crimes. for failure to pay fines and court costs court costs n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or, in some kinds of cases, to the losing party. . The district court granted summary judgment in favor of the defendants and the arrestee appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that summary judgment was precluded by a genuine issue of fact as to whether the arrestee's constitutional rights were violated by the civil debt-related incarceration, where the county incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration. in·car·cer·at·ed adj. Confined or trapped, as a hernia. him for failure to pay fines and court costs without any inquiry into his ability to pay. The court found that the arrestee had no due process or equal protection rights to receive a dollar amount credit toward his fines and costs for time served. The arrestee had been held almost seventy-two hours without a probable cause hearing when he was arrested for drunk driving. (Holmes County Jail, Ohio) |
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