box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Smokey Arrested By Mistake
Highest Court California Court of Appeal
Year Ended 1974
Plaintiffs Robinson, Smokey
Defendants Municipal Entity and/or Official(s)
Police Officer(s)
Other No Other parties on file
Short Description In 1967, an individual rented a limousine for three days, impersonating Smokey Robinson. The limo owner filed a complaint, and Robinson sued the city and police department after he was arrested at a San Francisco nightclub. Officers arrested him despite his attempts to show them he was not the individual on the warrant, and that they just shared aliases. The police officer made no effort to figure out if Robinson was actually Robinson. At trial, Robinson was found not guilty. A police officer has immunity for false arrest if the arrest was without malice and in reasonable belief that the person arrested is the person in the warrant. Robinson argued that the jury could have questioned the reasonableness of the officer's actions. The Appellate Court reversed the summary judgment for the police officer because a jury could decide whether the officer's was unreasonable in not allowing Robinson to prove his identity at the arrest. - JMC

Legal Issues
General Affirmative Defenses Governmental Immunity
Torts Intentional Torts False Arrest/Imprisonment


Opinions Robinson v. City and County of San Francisco
116 Cal. Rptr. 125
California Court of Appeal , August 26, 1974 ( Civ. 33713 )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Municipal Entity and/or Official(s) ( Defendant )
Police Officer(s) ( Defendant )
Robinson, Smokey ( Plaintiff )

Legal Issues
General / Affirmative Defenses / Governmental Immunity
Torts / Intentional Torts / False Arrest/Imprisonment

Courts
California Court of Appeal (highest court)


permalink to this entry