William Whirl v. C.V. (Buster) Kern

William Whirl (plaintiff) was arrested on suspicion of felony theft and jailed, then transferred to the county jail and charged with burglary and theft. Two months later a judge dismissed all charges. Ordinarily such dismissals were relayed to Sheriff C.V. Kern (defendant), who ran the jail, but Kern claimed he never received notice. As a result, Whirl remained jailed for nearly nine months after his charges were dismissed. After release, Whirl sued Kern for false imprisonment. The trial court instructed the jury on negligence, contributory negligence, and proximate cause, and the jury found for Kern. Whirl appealed.

Whether a jailer is liable for false imprisonment, regardless of negligence, contributory negligence, or good faith, when a prisoner is held for an extended period without a court order.