16. False imprisonment/arrest.

U.S. District Court

FALSE IMPRISONMENT

DeToledo v. County of Suffolk, 379 F.Supp.2d 138 (D.Mass. 2005). A jail visitor who was arrested and briefly detained on an arrest warrant that was intended for another person, and a visitor who was arrested and strip searched on a warrant for her arrest that had been recalled, brought an action against correctional officers, a jail supervisor and the county. The district court granted summary judgment in favor of the defendants in part, and denied it in part. The court held that the supervisor's negligent conduct in mistakenly ordering the arrest of the wrong person did not rise to the level of a due process violation that would support a claim under [section] 1983, where the supervisor made a reasonable assumption as to the warrant target's location in the visiting area and immediately rescinded the arrest when he was alerted to his mistake by another officer. The court found that a fact issue precluded summary judgment in favor of the supervisor for arresting the second visitor, noting that the supervisor had in his hands documents which, if read, would have revealed...