Whaley v. Jansen

208 Cal. App. 2d 222, 25 Cal. Rptr. 184 (1962)

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Whaley v. Jansen

California Court of Appeal
208 Cal. App. 2d 222, 25 Cal. Rptr. 184 (1962)

Facts

On May 29, 1959, Whaley (plaintiff) was arrested and detained for five days in a county psychiatric unit before being released without being formally charged with a crime or mental illness. On the day of his arrest, Whaley was stopped and questioned by a San Diego police officer as he was walking through a neighborhood asking its residents to coalesce around his government-corruption-exposure project. Whaley was distributing literature and wanted the neighborhood’s residents to allow him to use their homes to arrange community meetings so that he could deliver a lecture on his work and collect donations to continue his project. After consideration of Whaley’s responses to questioning and review of his literature, the police officer placed Whaley under arrest for vagrancy. Once at the police station, a determination was made that there was no criminal offense to charge Whaley with and Whaley was taken to the county psychiatric unit, where he was interviewed by two psychiatrists (defendants) before being released two days after the psychiatric evaluations. Whaley sued the city, the city’s police, and the two psychiatrists, among others (defendants), alleging false arrest and imprisonment.

Rule of Law

Issue

Holding and Reasoning (Griffin, J.)

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