A Properly Issued Arrest Warrant Ends a Person's False Imprisonment

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February 25, 2011

Yesterday, the Indiana Court of Appeals issued an opinion on rehearing in Fox v. Rice, 942 N.E.2d 167 (Ind. Ct. App. 2011), Case. No. 54A01-1003-PL-9. We didn't comment on the Court's original opinion (available here), but the rehearing opinion caught our eye because of the Court's discussion of the relationship between claims for false imprisonment and malicious prosecution.
Lessons:
  1. False imprisonment ends when an arrest warrant is issued.
  2. Once an arrest warrant is issued, a falsely imprisoned person's claim may shift to one for malicious prosecution.
Brad A. Catlin
Price Waicukauski & Riley, LLC
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