If imprisonment is by virtue of a warrant, neither the party who procured the warrant in good faith nor the officer who executed the warrant in good faith shall be liable for false imprisonment even if the warrant is defective in form or is void for lack of jurisdiction. In such cases, good faith must be determined from the circumstances. A judicial officer issuing a warrant in good faith shall not be liable for false imprisonment, provided that, when he has no jurisdiction, there shall be a presumption against such officer’s good faith.
History. Orig. Code 1863, § 2933; Code 1868, § 2940; Code 1873, § 2991; Code 1882, § 2991; Civil Code 1895, § 3852; Civil Code 1910, § 4448; Code 1933, § 105-902.
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For article, “Georgia Local Government Officers: Rights for Their Wrongs,” see 13 Ga. L. Rev. 747 (1979).