William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland
407 F.2d 781 · Court of Appeals for the Fifth Circuit · 1969
Facts
William Whirl was arrested on suspicion of felony theft and placed in jail. Despite the dismissal of indictments against him, Whirl remained in jail for almost nine months due to a communication breakdown between the District Clerk’s office and the Sheriff’s office. Whirl then sued C. V. (Buster) Kern, the Sheriff of Harris County, Texas, and the Fidelity and Deposit Company of Maryland, the surety on the Sheriff’s official bond, for false imprisonment and deprivation of civil rights.
Issue
Did the district court err in not granting Whirl's motion for a directed verdict and in denying his motion for a new trial as to damages, arguing that all the elements of his cause of action under the Civil Rights Act and under the Texas law of false imprisonment were established as a matter of law by the undisputed evidence?
Holding
The court reversed the lower court's decision, holding that the district court should have granted Whirl's motion for a directed verdict as to liability, leaving only the issue of damages for the jury.
Rule
The court held that under Texas law, a sheriff has a statutory duty to investigate the authority upon which a prisoner is held, and non-negligence is not a modifier of liability for false imprisonment; ignorance of the law is no excuse, even when a man’s own liberty is at stake.
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