California Civil Jury Instructions (CACI) (2017)
1405. False Arrest With Warrant—Essential Factual ElementsDownload PDF
1405.False Arrest With Warrant—Essential Factual Elements
[Name of plaintiff] claims that [he/she] was wrongfully arrested by [name
of defendant]. To establish this claim, [name of plaintiff] must prove all of
1. [That [name of defendant] arrested [name of plaintiff];]
1. [That [name of defendant] intentionally caused [name of plaintiff]
to be wrongfully arrested;]
2. That [insert facts supporting the invalidity of the warrant or the
unlawfulness of the arrest, e.g., “the warrant for [name of
plaintiff]’s arrest had expired”];
3. That [name of plaintiff] was [actually] harmed; and
4. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
New September 2003; Revised December 2011
Directions for Use
CACI No. 1406, False Arrest With Warrant—Peace Offıcer—Affırmative
Defense—“Good-Faith” Exception, should be given after this instruction if that
defense is asserted.
If the plaintiff is seeking nominal damages as an alternative to actual damages,
insert the following paragraph above element 3:
If you ﬁnd both of the above, then the law assumes that [name of plaintiff] has
been harmed and [he/she] is entitled to a nominal sum such as one dollar.
[Name of plaintiff] is also entitled to additional damages if [he/she] proves the
The second sentence of the above paragraph, along with the ﬁnal two elements of
this instruction, should be omitted if plaintiff is seeking nominal damages only.
Read “actually” in the third element only if nominal damages are also being
Sources and Authority
• Penal Code section 834.
•Public Employee Liability for False Arrest. Government Code section 820.4.
• “ ‘[F]alse arrest’ and ‘false imprisonment’ are not separate torts. False arrest is
but one way of committing a false imprisonment, and they are distinguishable
only in terminology.” (Collins v. City and County of San Francisco (1975) 50
Cal.App.3d 671, 673 [123 Cal.Rptr. 525].)
• “ ‘The action for false imprisonment is frequently alleged to have been
committed by reason of some wrongful arrest under some pretended or void
order of some court, in which class of false imprisonment cases it is incumbent
on the plaintiff to allege facts showing or tending to show that such arrest,
under such court procedure, was wrongful, unauthorized and without any
probable cause; . . . .’ ” (Peters v. Bigelow (1934) 137 Cal.App. 135, 139 [30
5 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 441–443
3Levy et al., California Torts, Ch. 42, False Imprisonment and False Arrest,
§ 42.25 (Matthew Bender)
22 California Forms of Pleading and Practice, Ch. 257, False Imprisonment,
§ 257.20 (Matthew Bender)
10 California Points and Authorities, Ch. 103, False Imprisonment, § 103.77 et seq.
1 California Civil Practice: Torts §§ 13:26–13:30 (Thomson Reuters)
CACI No. 1405 FALSE IMPRISONMENT