(Download) "Heckart v. City of Yakima" by Division Three No. 6737-8-III Court of Appeals of Washington " eBook PDF Kindle ePub Free

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Title: Heckart v. City of Yakima
Author : Division Three No. 6737-8-III Court of Appeals of Washington
Release Date : January 22, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

[42 WashApp Page 38] Anthony Heckart appeals the dismissal of his action against the City of Yakima, which he filed 3 years after his allegedly false arrest by a Yakima police officer. Both the Superior Court, and the Commissioner of this court on a motion on the merits, applied RCW 4.16.100(1), which establishes a 2-year limitation period for: ""an action for libel, slander, assault, assault and battery, or false imprisonment."" (Italics ours.) Mr. Heckart contends in his motion to modify the Commissioner's ruling that the proper statute of limitation is contained in the catchall statute, RCW 4.16.080, i.e., 3 years. The City contends that under Washington law a false arrest necessarily involves a false imprisonment, and, therefore, the statute of limitation applicable to false imprisonment also applies to false arrest. We agree with the City and affirm.