imprisonment claim in Florida

2024The reason for this appears to be 2 that law enforcement does not have the discretion to disregard a facially valid warrant issued by an entity authorized to issue warrants.”) (footnote omitted); Andrews v. Fla. Parole Comm’n, 768 So. 2d 1257, 1263 (Fla. 1st DCA 2000) (“[E]ven if the warrants upon which [the plaintiff] had been arrested were issued improperly by the [Parole] Commission based upon a mistake as to the facts or the law, the trial court correctly dismissed the false imprisonment claim against [the Department], because [the Department] was entitled to accept the warrants as lawful,

2019Id. (court properly granted summary judgment in arresting agency’s favor on arrested person’s false imprisonment claim when the arresting agency effectuated the arrest pursuant to a warrant that was erroneously issued by a court in another county); Andrews v. Fla. Parole Comm’n, 768 So. 2d 1257, 1263 (Fla. 1st DCA 2000) (holding that the court properly dismissed a false imprisonment claim against the Department of Corrections after it detained the defendant pursuant to a warrant erroneously issued by another entity because “[the Department of Corrections] was entitled to accept the warrants as

2025Montejo, 935 So. 2d at 1268 .

2018Ctr., Inc., 935 So. 2d 1266, 1268 (Fla. 4th DCA 2006).

2006See Johnson, 19 So.2d at 700 ; Jackson, *1272 665 So.2d at 341 ; see also Jibory v. City of Jacksonville, 920 So.2d 666 (Fla. 1st DCA 2005) (holding that a false imprisonment claim would lie against the city where the warrant upon which the plaintiff was arrested was void), review dismissed, 926 So.2d 1269 (Fla.2006).

2005See also Jackson v. Navarro, 665 So.2d 340 (Fla. 4th DCA 1995) (same).

2025"The essential elements of a cause of action for false imprisonment include: (1) the unlawful detention and deprivation of liberty of a person; (2) against that person's will; (3) without legal authority or 'color of authority'; and (4) which is unreasonable and unwarranted under the circumstances." Mathis v. Coats, 24 So. 3d 1284, 1289-90 (Fla. 2d DCA 2010) (citing Montejo v. Martin Mem'l Med.

2024The reason for this appears to be 2 that law enforcement does not have the discretion to disregard a facially valid warrant issued by an entity authorized to issue warrants.”) (footnote omitted); Andrews v. Fla. Parole Comm’n, 768 So. 2d 1257, 1263 (Fla. 1st DCA 2000) (“[E]ven if the warrants upon which [the plaintiff] had been arrested were issued improperly by the [Parole] Commission based upon a mistake as to the facts or the law, the trial court correctly dismissed the false imprisonment claim against [the Department], because [the Department] was entitled to accept the warrants as lawful,

2006See Johnson, 19 So.2d at 700 ; Jackson, *1272 665 So.2d at 341 ; see also Jibory v. City of Jacksonville, 920 So.2d 666 (Fla. 1st DCA 2005) (holding that a false imprisonment claim would lie against the city where the warrant upon which the plaintiff was arrested was void), review dismissed, 926 So.2d 1269 (Fla.2006).

2006See Johnson, 19 So.2d at 700 ; Jackson, *1272 665 So.2d at 341 ; see also Jibory v. City of Jacksonville, 920 So.2d 666 (Fla. 1st DCA 2005) (holding that a false imprisonment claim would lie against the city where the warrant upon which the plaintiff was arrested was void), review dismissed, 926 So.2d 1269 (Fla.2006).

2006See Johnson, 19 So.2d at 700 ; Jackson, *1272 665 So.2d at 341 ; see also Jibory v. City of Jacksonville, 920 So.2d 666 (Fla. 1st DCA 2005) (holding that a false imprisonment claim would lie against the city where the warrant upon which the plaintiff was arrested was void), review dismissed, 926 So.2d 1269 (Fla.2006).

2005See Everett v. Fla. Inst. of Tech., 503 So.2d 1382, 1383 (Fla. 5th DCA 1987) (In order to sustain a false imprisonment claim, there must be proof of imprisonment without color of authority).

2000Cf. Erp v. Carroll, 438 So.2d 31, 40 (Fla. 5th DCA 1983) (noting that even if a prosecution is commenced and carried out maliciously, "the imprisonment is under process regular and in legal form issued by lawful authority and the resulting imprisonment is not false").

1992But see Shelby v. State, 541 So.2d 1219, 1221 (Fla. 2d DCA 1989) (holding that it is error to omit from the standard false imprisonment instruction the "acted for any purpose other than [the kidnapping motives]" language because if the evidence shows *1364 that the only purpose of the restraint was to commit or facilitate the commission of a felony, the defendant may be not guilty of false imprisonment); and Sigler v. State, 590 So.2d 18, 20 (Fla. 4th DCA 1991) (same).