Suppose a person is charged of and convicted of a crime he or she did not commit and is later exonerated. Should that person have a claim for false imprisonment? against whom? and when would the statute of limitation begin to run?
These are some of the issues addressed by the US Court of Appeals for the Fifth Circuit in a recent decision in which it reversed and remanded dismissal of a false-imprisonment claim against the city and county of El Paso holding that false imprisonment is a continuing tort in Texas. The case was brought by a man who spent 17 years in prison for a sexual assault he did not commit.
You can read the opinion here.