Under California law, the civil versions of “false arrest” and “false imprisonment” are the same tort: false arrest is considered simply “one way of committing a false imprisonment.” Watts v. Cnty. of Sacramento, 256 F.3d 886, 891 (9th Cir. 2001). This cause of action might often be brought as a companion to a claim under federal law for an unreasonable detention in violation of the Fourth Amendment.
The elements of this tort, under California law, are (1) the nonconsensual, intentional confinement of a person, (2) without lawful privilege, and (3) for an appreciable period of time, however brief. Young v. Cnty. of Los Angeles, 655 F.3d 1156, 1169 (9th Cir. 2011). The core jury instructions are CACI Nos. 1401 and 1402.
While law enforcement officials have many immunities in the performance of their duties, California Government Code section 820.4 specifically excludes from immunity government actors’ “liability for false arrest or false imprisonment.” See Asgari v. City of Los Angeles, 15 Cal. 4th 744, 757 (1997) (“under California law, a police officer may be held liable for false arrest and false imprisonment, but not for malicious prosecution").
Damages in a civil false arrest/false imprisonment claim under California law are subject to the limitation spelled out in Asgari, 15 Cal. 4th at 748: namely, that no compensation can occur for time spent in custody after arraignment.