false arrest or false imprisonment?

[debbih]

What is the name of your state? Calif.
my 21 yr old son was arrested for a warrant for a fine which had previously been paid in full. Held in jail for 6 days, then released without appearing before a judge. The warrant should not have been out there, he was paying court ordered payments on a fine and fine was paid off by payoff date. Arrested and jailed 2 weeks after fine was paid (over Thanksgiving weekend). Anyone know what his rights are? Is this false arrest or false imprisonment? Have his civil rights been violated?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Calif.
my 21 yr old son was arrested for a warrant for a fine which had previously been paid in full. Held in jail for 6 days, then released without appearing before a judge. The warrant should not have been out there, he was paying court ordered payments on a fine and fine was paid off by payoff date. Arrested and jailed 2 weeks after fine was paid (over Thanksgiving weekend). Anyone know what his rights are? Is this false arrest or false imprisonment? Have his civil rights been violated?

My response:

It is an unfortunate situation, but glitches in the system do occur. Therefore, if the computer still showed an outstanding warrant, your son may, and even properly, be taken into custody upon probable cause by a peace officer, and by the county, all of whom are immune from liability arising from an otherwise lawful confinement. The immunity extends to liability for battery, false imprisonment and medical malpractice. [Ca Wel & Inst § 5278; see Heater v. Southwood Psychiatric Center (1996) 42 Cal.App.4th 1068, 1083, 49 Cal.Rptr.2d 880, 889]

Sorry, but since the public entity (i.e., the County) is immune from liability, your son has no viable cause of action.

IAAL