2020 Georgia Code
Title 51 - Torts
Chapter 7 - False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
Article 2 - False Imprisonment
§ 51-7-21. Effect of Good Faith on Liability for Imprisonment Under Warrant

If imprisonment is by virtue of a warrant, neither the party who procured the warrant in good faith nor the officer who executed the warrant in good faith shall be liable for false imprisonment even if the warrant is defective in form or is void for lack of jurisdiction. In such cases, good faith must be determined from the circumstances. A judicial officer issuing a warrant in good faith shall not be liable for false imprisonment, provided that, when he has no jurisdiction, there shall be a presumption against such officer's good faith.

(Orig. Code 1863, § 2933; Code 1868, § 2940; Code 1873, § 2991; Code 1882, § 2991; Civil Code 1895, § 3852; Civil Code 1910, § 4448; Code 1933, § 105-902.)

- For article, "Georgia Local Government Officers: Rights for Their Wrongs," see 13 Ga. L. Rev. 747 (1979).

This section changes the common law rule. Berger v. Saul, 113 Ga. 869, 39 S.E. 326 (1901).

- Process issued by a superior court clerk under an order of the judge, which caused the arrest of the plaintiff, is a warrant. Butler v. Tattnall Bank, 140 Ga. 579, 79 S.E. 456 (1913).

A judgment is in the nature of a warrant for the arrest of the accused, and an officer who makes an arrest thereunder will not be liable either for malicious arrest or false imprisonment if the officer acts in good faith in attempting to execute the judgment of the municipal court imposing what would be deemed to be an illegal fine for tying an animal to a public stake in the town's street. Williams v. Sewell, 121 Ga. 665, 49 S.E. 732 (1905).

- Under this section, two things are necessary to be shown: void process and bad faith. Calhoun v. Little, 106 Ga. 336, 32 S.E. 86 (1898); Page v. Citizens Banking Co., 111 Ga. 73, 36 S.E. 418 (1900).

- Want of ordinary care in making an arrest is inconsistent with good faith. Blocker v. Clark, 126 Ga. 484, 54 S.E. 1022 (1906).

A re-arrest on the same day is evidence of bad faith. Thorpe v. Wray, 68 Ga. 359 (1882).

- An imprisonment resulting from an arrest under a valid warrant will not give a right of action, regardless of the motives. Page v. Citizens Banking Co., 111 Ga. 73, 36 S.E. 418, 78 Am. St. R. 144, 51 L.R.A. 463 (1900).

Section does not apply when arrest is without any warrant. Franklin v. Amerson, 118 Ga. 860, 45 S.E. 698 (1903).

Section does not apply to acts of judicial officer when passing on question of jurisdiction. Calhoun v. Little, 106 Ga. 336, 32 S.E. 86 (1898).

- This section seems to provide that even a judicial officer who in bad faith issues either a defective or void warrant will be liable in an action for false imprisonment, at the instance of the person imprisoned thereunder, when the act is done out of court and is largely ministerial in its nature, though to some extent judicial. Wyatt v. Baker, 41 Ga. App. 750, 154 S.E. 816 (1930).

While the mayor of a municipality is not liable in damages for acts done in the exercise of the judicial function, the act of the defendant in committing the plaintiff to jail in purported execution of the judgment previously imposed was purely ministerial and was not one for which the defendant could claim the exemption which exists as to judicial acts. Wyatt v. Baker, 41 Ga. App. 750, 154 S.E. 816 (1930).

- In a 42 U.S.C. § 1983 suit filed by a Florida business person alleging false arrest based upon the plaintiff giving postdated checks to a Georgia payee, issues of fact remained with respect to the business person's false imprisonment/false arrest claims under O.C.G.A. § 51-7-20 against a Georgia sheriff's deputy and the payee; the defense in O.C.G.A. § 51-7-21 did not apply because the Georgia arrest warrant was invalid, and the safe harbor provision in O.C.G.A. § 16-9-20(h)(2) had no relevance to the good cause inquiry under O.C.G.A. § 51-7-21. Brown v. Camden County, 583 F. Supp. 2d 1358 (S.D. Ga. 2008).

- The party making the arrest, by virtue of a warrant, takes the responsibility of proving the identity of the person so arrested. Johnston v. Riley, 13 Ga. 97 (1853).

- Trial court properly denied the defendants' motion for summary judgment on the false imprisonment claim because the plaintiff produced evidence showing that the defendants did not act in good faith in procuring the warrants to collect on the 55 returned checks since the magistrate judge was not informed that the trailers had been delivered pursuant to a 30-day payment term and the checks were not given for present consideration and some of the trailers had already been repossessed. Sheffield v. Futch, 354 Ga. App. 661, 839 S.E.2d 294 (2020).

Cited in Manning v. Mitchell, 73 Ga. 660 (1884); Brookshier v. Williams, 19 Ga. App. 685, 91 S.E. 1056 (1917); Teasley v. Nelson, 39 Ga. App. 773, 148 S.E. 534 (1929); Webster v. City of East Point, 164 Ga. App. 605, 294 S.E.2d 588 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Imprisonment, § 1 et seq.

- 35 C.J.S., False Imprisonment, § 1 et seq.

- Civil liability of judicial officer for false imprisonment, 13 A.L.R. 1344; 55 A.L.R. 282; 173 A.L.R. 802.

Malice and want of probable cause as elements of action for false imprisonment, 19 A.L.R. 671, 137 A.L.R. 504.

Justification in action for false imprisonment by proof of existence of ground other than that on which arrest was made, or one of several grounds on which it was made, 64 A.L.R. 653.

Liability for false arrest or imprisonment under a warrant as affected by mistake as to identity of person arrested, 10 A.L.R.2d 750.

Pleading good faith or lack of malice in mitigation of damages in action for false arrest or imprisonment, 49 A.L.R.2d 1460.

Immunity of prosecuting attorney or similar officer from action for false arrest or imprisonment, 79 A.L.R.3d 882.

Defendant's state of mind necessary or sufficient to warrant award of punitive damages in action for false arrest or imprisonment, 93 A.L.R.3d 1109.

Liability for false arrest or imprisonment under warrant as affected by mistake as to identity of person arrested, 39 A.L.R.4th 705.

Liability of police or peace officers for false arrest, imprisonment, or malicious prosecution as affected by claim of suppression, failure to disclose, or failure to investigate exculpatory evidence, 81 A.L.R.4th 1031.