Johnson v. Board of Police Com'rs.U.S. District 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. FALSE ARREST Johnson v. Board of Police Com'rs, 351 F.Supp.2d 929 (E.D.Mo. 2004). Homeless persons sued a city board of police commissioners and a police captain, claiming harassment with the intent to remove them from a downtown area in violation of their constitutional rights. The district court entered a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. on behalf of the plaintiffs. The court barred the continuation of the challenged police practices, which included a pattern of arrests without probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. , throwing firecrackers into homeless groups, and inflicting community service work without the adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. of any crime. Several homeless persons were given a choice of performing manual labor or remaining in jail, without being charged with any offense nor found to have committed any offense. (City of St. Louis, Missouri) |
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