O.C.G.A. § 51-7-22 (2019)
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.
History
(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.)
Annotations
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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ARTICLE 3 MALICIOUS PROSECUTION
Cross references. - Abusive litigation, § 51-7-80 et seq.
Law reviews. - For annual survey on law of torts, see 61 Mercer L. Rev. 335 (2009).