Official Code of Georgia Annotated

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.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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.

Law reviews

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

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 667; merge action: annotated; file SHA-256 bc30a40687b2.