3 ms·

How can a deliberate blatant violation of the First Amendment be "due process of law"?

• ikeboy 6mo ago
  Look up the elements of false imprisonment. When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
  • ceejayoz 6mo ago
    No, it isn't. https://en.wikipedia.org/wiki/Habeas_corpus https://en.wikipedia.org/wiki/Habeas_corpus
    • ikeboy 6mo ago
      What does that have to do with the elements of false imprisonment?
      • ceejayoz 6mo ago
        "invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual" would seem to indicate that such a detention can be deemed unlawful, yes?
        • ikeboy 6mo ago
          In short, unlawful means different things in different contexts. In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count. See eg. https://caselaw.findlaw.com/court/us-supreme-court/549/384.html https://caselaw.findlaw.com/court/us-supreme-court/549/384.h... >Reflective of the fact that false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process--when, for example, he is bound over by a magistrate or arraigned on charges. Dobbs, supra, §39, at 74, n. 2; Keeton, supra, §119, at 888; H. Stephen, Actions for Malicious Prosecution 120-123 (1888). Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process