(DOWNLOAD) "Hiber V. Creditors Collection Service Of Lincoln County Inc." by Oregon Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hiber V. Creditors Collection Service Of Lincoln County Inc.
- Author : Oregon Court of Appeals
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
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 personally served with a notice to appear. See ORS 33.055(5). After plaintiff was arrested on the warrant, plaintiff sued the attorney and, on a vicarious liability theory, also sued the attorney's client for false imprisonment. We hold that an attorney is liable for an arrest made upon a warrant only if, in seeking issuance of the warrant, he or she acts in bad faith, intentionally misrepresents facts to the Judge, or otherwise acts with malice. Likewise, the attorney's client can be vicariously liable only in those circumstances. Here, there is no dispute that the attorney acted in good faith. We therefore affirm the trial court's grant of summary judgment for defendants.