Code of Alabama
Chapter 21 - Habeas Corpus.
Section 15-21-27 - Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages.

Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process shall be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible in a civil action for any damages the party may have sustained.

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Structure Code of Alabama

Code of Alabama

Title 15 - Criminal Procedure.

Chapter 21 - Habeas Corpus.

Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.

Section 15-21-2 - Persons Entitled to Prosecute Writ - Persons Confined for Failure to Enter Into Undertaking to Keep the Peace.

Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.

Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.

Section 15-21-5 - Description of Party if Name Uncertain or Unknown.

Section 15-21-6 - To Whom Petition Addressed.

Section 15-21-7 - When Petition May Be Addressed to Another Judge; Justifying Proof Required; Ouster of Jurisdiction of Nearest Judge.

Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.

Section 15-21-9 - Form of Writ.

Section 15-21-10 - Writ Not to Be Disobeyed for Want of Form or Misdescription; Writ Presumed Addressed to Recipient.

Section 15-21-12 - Notice to Any Other Person Having Interest Required.

Section 15-21-13 - Notice to District Attorney, Prosecutor or Arrestor Required When Criminal Charge; Bail Without Notice.

Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.

Section 15-21-15 - Subpoenas for Witnesses.

Section 15-21-16 - Service of Writ.

Section 15-21-17 - When Return to Be Made; Form and Contents of Return.

Section 15-21-18 - Person and Original Detaining Warrant, Writ, etc., to Be Produced With Return; Exception.

Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.

Section 15-21-20 - Contesting of Return; Examination Into Imprisonment or Detention; Disposition of Detainee on Adjournment of Examination; Forfeiture of Bail.

Section 15-21-21 - When Party to Be Discharged or Remanded.

Section 15-21-22 - Admission to Bail if Charged With Bailable Offense; Procedure When Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail.

Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.

Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.

Section 15-21-25 - Remand or Commitment to Custody or Restraint for Public Offense When Commitment Irregular.

Section 15-21-26 - Reimprisonment for Same Cause After Discharge.

Section 15-21-27 - Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages.

Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.

Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.

Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.

Section 15-21-32 - Proceedings Against Defaulting Witnesses.

Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.

Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.