Davis v. Klevenhagen

OPINION

O’NEILL, Justice.

In this appeal we must decide whether the affirmative defense of official immunity may be raised in a false imprisonment action where an officer executes an arrest warrant on the wrong person. If it may, we must determine whether execution of the arrest warrant involved a discretionary act that would invoke the protection of official immunity. If so, the trial court did not err, as appellant claims, in admitting evidence relevant to appellees’ good faith, and any alleged error in submission of the false imprisonment question to the jury was rendered immaterial by their…