95 N.J.L. 65 | N.J. | 1920
The record in this case shows the plaintiff was employed by the Brady Brass Compaq, in Jersey City. On the 16th of July, 1919, when at work, the defendants, Inspector Cody and Captain Rooney, of the Jersey City police department, arrested the plaintiff. The defendant was searched, then taken to the Second precinct station. This was about two-thirty in the afternoon. The plaintiff was there searched again, p-ut into a patrol wagon and taken to police headquarters. There he was taken into a side room and finger printed. He was then' taken back to the Second precinct station and held in $500 bail. A $1,000 liberty bond was deposited as security. . He was then released about six-thirty that afternoon. He was then told to appear at the Second precinct station, in the morning, at nine o’clock. Next morning, after waiting an hour or so, he was told to come again the following morning at nine o’clock. That morning he was called and brought before a magistrate. Then he was found guilty of disorderly conduct, sentence suspended, and ordered to get out of Jersej' City at once. Subsequently, the proceedings were dismissed by the county judge on appeal. All this was done without any charge or complaint laid or made against the plaintiff, without any offence committed by him, and without any warrant issued for his arrest. The only authority for making the arrest, to use the words of the defendants in their testimony, was, as Inspector Cody testified, he was instructed to take Captain Rooney and place Collins under arrest; he knew nothing against Collins — had no complaint against or warrant for Ms arrest. When asked if he did not know that it was wrong to arrest Collins, the only answer he would give was, “I always obey orders.” Rooney testified: “Q. Did you have any reason to arrest Mm,” i. e., Collins? “A. I had reason to arrest him. I received my orders to arrest him.” Subsequently, the defendants were sued by the plaintiff, in an action to recover damages for false imprisonment. The trial resulted in a verdict for the plaintiff. The defendants ob
The rule to show cause is discharged.