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 Miscellaneous and the related topic of intentional torts. For more information about false imprisonment see the pages on Wikipedia. 

False Imprisonment Miscellaneous-Statutes

See Va. Code § 18-2-105 as to exemptions from civil liability in connection with arrest or detention of suspected shoplifters.

See Va. Code § 18-2-185 indicating probable cause will be found to exist as matter of law, if five day notice requirement complied with as to bad checks.

False Imprisonment Miscellaneous-Cases

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

Two-year statute of limitations applies to false imprisonment action.

1976 Tweedy v. J.C. Penney Co., 216 Va. 596, 221 S.E.2d 152.

Although actual malice must be proved to justify punitive damages, legal malice inferred from circumstances is sufficient to support award of compensatory damages.

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

Two minor girls detained by defendant’s security officer and accused of shoplifting. Jury verdict for $750 supported under either theory of false imprisonment or insulting words statute. Good faith and lack of malice no defense; probable cause may be shown in mitigation of punitive damages in action for false imprisonment.

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

Police officer can make arrest only within his jurisdiction or within one mile of its corporate limits; when officer attempts to make arrest beyond those geographical limits, he acts unlawfully.

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

Evidence of plaintiff’s acquittal of criminal charge is immaterial. Lack of probable cause is not essential element of this cause of action, especially in this case where defendant lacked legal justification for arrest.

1944 Young v. Merritt, 182 Va. 605, 29 S.E.2d 834.

False imprisonment miscellaneous.Police officer arrested plaintiff for vagrancy. Case dismissed by police justice. Plaintiff prevailed in this action against officer.