Actions for False Arrest and False Imprisonment for Individuals Suspected of Film Piracy

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Whenever the owner, operator, or lessee of a motion picture exhibition facility or any agent or employee of the owner, operator, or lessee detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in film piracy in violation of Code Section 16-8-62 and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, lessee, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:

  1. That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of film piracy, as defined by Code Section 16-8-62; or
  2. That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

(Code 1981, §51-7-62, enacted by Ga. L. 2004, p. 341, § 2.)


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