Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of False Imprisonment Defenses and the related topic of intentional torts.  For more information about false imprisonment see the pages on Wikipedia.

False Imprisonment Defenses-Cases

1998 Jordan v. Shands, 255 Va. 492, 500 S.E.2d 215.

Defendant who asserts qualified immunity defense must allege and prove elements comprising this defense.

1997 Jury v. Giant of Maryland, Inc., 254 Va. 235, 491 S.E.2d 718.

Plaintiff was detained and assaulted during course of shoplifting arrest. Civil immunity stated in Va. Code § 18.2-105 is not absolute. Merchants are shielded from civil liability for actions reasonably necessary to protect the owner’s property rights by detaining suspected shoplifters but this does not extend such immunity in circumstances where tort is committed in willful, wanton or otherwise unreasonable or excessive manner.

1973 FBC Stores, Inc. v. Duncan, 214 Va. 246, 198 S.E.2d 595.

Virginia Code § 18.1-127 [recodified as 18.2-105] provides that merchant or his agent will not be civilly liable for torts associated with arrest if he had probable cause.

1970 Yeatts v. Minton, 211 Va. 402, 177 S.E.2d 646.

Good faith of defendant or probable cause therefor is no defense in false imprisonment suit if arrest itself is illegal.

1966 Zayre, Inc. v. Gowdy, 207 Va. 47, 147 S.E.2d 710.

Security officer’s good faith and lack of malice are not defense in false imprisonment case.

1951 Banks v. Bradley, 192 Va. 598, 66 S.E.2d 526.

False imprisonment defenses.Person is entitled to resist attempted unlawful arrest with such reasonable force as is necessary to repel that being exercised by officer in his unwarranted undertaking.

1948 Montgomery Ward & Co. v. Wickline, 188 Va. 485, 50 S.E.2d 387.

Good faith of defendant in causing arrest is not defense. Evidence that plaintiff was convicted or acquitted of charge is not admissible.