runs from the point when the plaintiff is no longer detained without legal process. 127 Wallace, S. Ct. at of the fact that false imprisonment consists of detention without legal 1096 (“Reflective 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.”). Relationship to malicious prosecution claims. The common law tort of false arrest covers the time up to the issuance of process, whereas the common law tort of malicious prosecution would cover subsequent events. 512 U.S. at 484; 127 S. Ct. at 1096; See Heck, Wallace, see also 159 F.3d at 126 claim for false arrest, unlike a claim for malicious prosecution, Montgomery, (“A covers damages only for the time of detention until the issuance of process or arraignment, and not 235 F.3d 154, 156 (3d Cir. 2000), as amended (Jan. 26, 2001) Hector v. Watt, more.”); (“[F]alse arrest does not permit damages incurred after an Regarding malicious prosecution indictment.”). claims, see Instruction 4.13.
runs from the point when the plaintiff is no longer detained without legal process. Wallace, 127 S. Ct. at 1096 (“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.”). Relationship to malicious prosecution claims. The common law tort of false arrest covers the time up to the issuance of process, whereas the common law tort of malicious prosecution would cover subsequent events. See Heck, 512 U.S. at 484; Wallace, 127 S. Ct. at 1096; see also Montgomery, 159 F.3d at 126 (“A claim for false arrest, unlike a claim for malicious prosecution, covers damages only for the time of detention until the issuance of process or arraignment, and not more.”); Hector v. Watt, 235 F.3d 154, 156 (3d Cir. 2000), as amended (Jan. 26, 2001) (“[F]alse arrest does not permit damages incurred after an indictment.”). Regarding malicious prosecution claims, see Instruction 4.13.
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