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Lane v. Collins

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eBook details

  • Title: Lane v. Collins
  • Author : Supreme Court of Wisconsin
  • Release Date : January 30, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

Action by plaintiff James Lane against defendant Patrick Collins to recover damages for false imprisonment. At the time material to this action defendant was a member of the police force of the city of Portage. On the evening of
March 10, 1964, defendant arrested plaintiff without a warrant for disorderly conduct alleged to have been committed in defendant's
presence and took plaintiff to the city police station where he was booked on a charge of violating the city's disorderly
conduct ordinance. He was held in custody for approximately an hour and a half and was then released on bail. Plaintiff appeared
in court on March 16, 1964, and pleaded "not guilty" to the disorderly conduct charge and the matter was set for trial on
April 2, 1964. The charge was later dismissed inasmuch as the city attorney refused to prosecute. The reason given by the
city attorney to plaintiff for this refusal was thus stated in a letter he sent to plaintiff: "My investigation leads me to
believe that there is some personal problems between you and the officer who made this arrest, and as a result, I refuse to
prosecute the action." Thereafter plaintiff instituted the instant action for false imprisonment.


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