McAleer v. Good

Citations

• 216 Pa. 473
• 65 A. 934
• 1907 Pa. LEXIS 845

Syllabus

<p>Malicious prosecution — Unlawful arrest — False imprisonment — Arrest— Police officers.</p> <p>To constitute an arrest, it is not necessary that there be an application of actual force, or manual touching of the body, or such physical restraint as to be visible to the eye.</p> <p>Where two policemen go to a man’s house, and in some manner succeed in getting him to accompany them to the office of the chief of police, who searches him, and afterwards has him incarcerated in prison, such officers may be held liable as parties in an action for unlawful arrest.</p> <p>If an arrest of one person is made at the instance of another, with the latter’s knowledge and consent, it is sufficient to make him liable as a party, although he may not have expressly directed the officer to make the arrest.</p> <p>In an action for unlawful arrest and false imprisonment, the burden is upon the defendant to show that the arrest was made by authority of the law. •</p> <p>Constables and other police officers, who arrest persons suspected of having committed felony, in actions for damages, should be allowed to defend upon like principles as a private person, who causes an arrest by a complaint on oath, for it is the duty of those officers to make such arrest. If an officer wantonly and maliciously arrests an innocent man, he ought to be liable in quite as heavy punitive damages as a private person would be for a causeless and malicious prosecution; but if without notice, and in the honest endeavor to arrest and bring a felon to justice, he takes an innocent person, who was justly suspected, he should not suffer at all.</p>