Existing law prohibits false imprisonment, defined as the unlawful violation of the personal liberty of another. Existing law provides that the measure of damages for the breach of an obligation not arising from a contract is the amount that will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not, except as expressly provided otherwise.
This bill would authorize a prevailing plaintiff in an action based on false imprisonment or false arrest to elect to receive, in lieu of actual damages, $10,000 for each of specified acts committed by the defendant in the perpetration of the false imprisonment or false arrest, as specified. The bill would make defendants liable for the amounts described above for an incident of false imprisonment or false arrest jointly and severally liable and would limit the aggregate award to a person under the above provisions to $250,000 per incident of false imprisonment or false arrest. The bill would exempt causes of action brought against specified parties from the above provisions. The bill would make related findings and declarations and would make its provisions severable.