· 6/12/2024
Palm Beach County School District v. Josaphat
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- clarifying that, in order to establish the tort of false imprisonment under California law, a confinement must be without lawful privilege
- reversing, on other grounds, damages for both false imprisonment and intentional infliction of emotional distress
- noting that “[g]overnmental immunity for claims of violation of civil rights under section 1983 is not conferred expressly by stat- ute, but is based upon a judicial gloss on section 1983,” whereas “governmental immunity under California law is governed by statute”
- “Under California law, a police officer is granted statutory immunity from liability for malicious prosecution .... ”
- “The tort of false imprisonment is defined as the unlawful violation of the personal liberty of another. The confinement must be ‘without lawful privilege.”
- “Under California law, a police officer may be held liable for false arrest and false 17 imprisonment, but not for malicious prosecution.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.