Horton v. Chamberlain

Plaintiff instituted this action against defendant sheriff seeking damages for an alleged false imprisonment, assault and battery, and violation of the Civil Rights Act, 42 U.S.C. § 1983. The parties filed cross-motions for summary judgment on the false imprisonment claim and the trial court, after a hearing, granted defendant’s motion and denied plaintiff’s motion. The trial court granted plaintiff permission to appeal. The controlling question which she seeks to have determined is whether the invalidity of the mittimus under which she was arrested was so apparent as to render the defendant…