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ikeboy an hour ago

As I mentioned elsewhere, neither currently apply because due process of law was followed.

ceejayoz an hour ago | parent [-]

How can a deliberate blatant violation of the First Amendment be "due process of law"?

ikeboy an hour ago | parent [-]

Look up the elements of false imprisonment.

When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.

ceejayoz 44 minutes ago | parent [-]

No, it isn't.

https://en.wikipedia.org/wiki/Habeas_corpus

ikeboy 30 minutes ago | parent [-]

What does that have to do with the elements of false imprisonment?

ceejayoz 26 minutes ago | parent [-]

"invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual" would seem to indicate that such a detention can be deemed unlawful, yes?

ikeboy 16 minutes ago | parent [-]

In short, unlawful means different things in different contexts.

In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count.

See eg. https://caselaw.findlaw.com/court/us-supreme-court/549/384.h...

>Reflective of the fact that false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process--when, for example, he is bound over by a magistrate or arraigned on charges. Dobbs, supra, §39, at 74, n. 2; Keeton, supra, §119, at 888; H. Stephen, Actions for Malicious Prosecution 120-123 (1888). Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process