Hiber v. Creditors Collection Service of Lincoln County, Inc.

The issue in this appeal is whether and under what circumstances an attorney may be sued for false imprisonment as a result of his actions in requesting issuance of an arrest warrant that did not comply with all applicable statutory procedures. This case arose after a private attorney, on behalf of his client, filed a motion with the district court alleging that plaintiff had violated a court order and requesting that plaintiff be arrested on contempt charges. In requesting the arrest warrant, the attorney did not allege and the district court did not find that plaintiff could not be…