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2018 Georgia Code 51-7-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 51-7-22 Case Law from Google Scholar Amendments to OCGA 51-7-22

TITLE 51 TORTS

Section 7. False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation, 51-7-1 through 51-7-85.

ARTICLE 2 FALSE IMPRISONMENT

51-7-22. False imprisonment by several persons.

If false imprisonment is the act of several persons, they may be subject to an action jointly or separately. If jointly, all shall be responsible for the entire recovery.

(Orig. Code 1863, § 2934; Code 1868, § 2941; Code 1873, § 2992; Code 1882, § 2992; Civil Code 1895, § 3853; Civil Code 1910, § 4449; Code 1933, § 105-903.)

JUDICIAL DECISIONS

Since the plaintiff was not guilty of a criminal offense, the plaintiff's arrest without a warrant justified award of damages, against the officer who made the arrest and the persons who procured the officer to do so. Sheppard v. Hale, 58 Ga. App. 140, 197 S.E. 922 (1938).

If action for false imprisonment is one in tort, sureties on defendant sheriffs' bonds are not proper parties to the action and should have been stricken when objection was made. Jackson v. Norton, 75 Ga. App. 650, 44 S.E.2d 269 (1947).

Verdict for separate sums against joint defendants will be set aside and a new trial granted to all of them. McCalla v. Shaw, 72 Ga. 458 (1884).

Cited in Radney v. Levine, 75 Ga. App. 137, 42 S.E.2d 644 (1947); Duchess Chenilles, Inc. v. Masters, 84 Ga. App. 822, 67 S.E.2d 600 (1951); Greenbaum v. Brooks, 110 Ga. App. 661, 139 S.E.2d 432 (1964).

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Imprisonment, § 35 et seq.

C.J.S.

- 35 C.J.S., False Imprisonment, § 43 et seq.

ALR.

- Construction and application of Federal Tort Claims Act provision (28 USCA § 2680(h)) excepting from coverage claims arising out of false imprisonment, false arrest, malicious prosecution, or abuse of process, 152 A.L.R. Fed. 605.

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