Strong v. City of Milwaukee

The issue is whether the actions of the police officer, as alleged in the complaint, constitute false arrest and imprisonment and if so, an “intentional tort” which would preclude direct action against the municipality as provided in sec. 895.43, Stats.

This court has defined the tort of false imprisonment as, “The unlawful restraint by one person of the physical liberty of another.” Lane v. Collins (1965), 29 Wis. 2d 66, 69, 138 N. W. 2d 264; Weber v. Young (1947), 250 Wis. 307, 311, 26 N. W. 2d 543.

The plaintiff contends, and the trial court concluded, that the false imprisonment alleged in…