Scott v. Metabolife International

A tenant of an apartment building sued two other tenants for false imprisonment after they falsely claimed he was a "peeping Tom" and placed him under citizens arrest. The matter was tried to a jury which found in plaintiffs favor. The jury awarded economic, non-economic and punitive damages. The defendant tenants appeal, claiming they are immune from liability under Civil Code section 47, subdivision (b) because their acts and communications with the police in effecting the citizens arrest were designed to prompt action by government officials and thus were absolutely privileged. Alternatively, they claim if the jury properly found them liable for false imprisonment then the trial court erred in imposing liability against them jointly and severally for the non-economic damages awarded by the jury. We find no error. Accordingly, we affirm.