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AB 2393

False imprisonment: false arrest: remedies.

2025-2026 Regular Session Introduced by Dawn Addis

Prevailing plaintiffs in certain false imprisonment/false arrest cases may elect a fixed $10,000 per applicable condition (up to $250,000 per incident) instead of actual damages.

In Senate. Read first time. To Com. on RLS. for assignment.
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Bill Summary · AB 2393

Summary of AB 2393 (2025-2026) — False Imprisonment: False Arrest: Remedies

Purpose and Intent

AB 2393, introduced by Assembly Member Addis (co-sponsored by Dawn Addis), seeks to provide a statutory damages option for certain false imprisonment or false arrest claims. The bill acknowledges concerns about false arrests/imprisonments by both private actors and law enforcement, including scenarios where identity concealment or use of restraints or weapons heightens emotional distress. It aims to simplify and potentially accelerate compensation by allowing a prevailing plaintiff to elect a fixed monetary remedy in lieu of actual damages for qualifying conduct, while preserving existing rights to punitive damages.

Key Provisions and Changes

  • New damages option (Civil Code § 3344.4):

    • A prevailing plaintiff in a false imprisonment or false arrest case may elect, instead of actual damages, to receive $10,000 for each of the following true conditions applicable to the incident:
    • The defendant wore a face covering or other attire to conceal identity.
    • The defendant used handcuffs, ties, or other restraints.
    • The defendant forcibly transported the person in a vehicle or imprisoned them for the purpose of transportation.
    • The defendant brandished a firearm or a weapon capable of causing death or serious injury.
    • The damages are statutory and in lieu of actual damages for that incident.

  • Liability and cap:

    • All defendants liable for the statutory amount in a single incident are jointly and severally liable.
    • The aggregate statutory award to a single plaintiff may not exceed $250,000 per incident.

  • Non-substantive clarifications:

    • The section explicitly does not limit punitive or exemplary damages; such damages remain available.
    • The provision excludes actions brought against peace officers or custodial officers (as defined in Penal Code sections) or directly against a public entity employing such officers.

  • Nonsubstantive change to contract damages (Civil Code § 3301):

    • The bill makes a nonsubstantive adjustment to the requirement that damages for breach of contract must be clearly ascertainable in both their nature and origin.

  • Severability:

    • Provisions are severable; invalidity of one part does not affect the rest.

Who/What Is Affected

  • Potential plaintiffs in false imprisonment or false arrest actions may choose between actual damages or the fixed statutory damages option.
  • Defendants in such cases (individuals or entities) could incur joint and several liability for statutory damages, subject to the $250,000 per incident cap.
  • Exclusions: Peace officers, custodial officers, and directly employing public entities for peace officers are exempt from the statutory damages scheme.

Procedural and Timeline Aspects

  • The bill was introduced on February 20, 2026, progressed through standard legislative referrals, and had committee actions in 2026, including passage from committee and re-referral to the Assembly Appropriations Committee before the end of the session.
  • If enacted, the new provision would be added to the Civil Code as Section 3344.4, with severability and other standard constitutional mechanics.

Practical Impact

  • The option of statutory damages could streamline compensation for certain egregious false imprisonment/arrest episodes, particularly those involving concealment, restraints, coercive transport, or weapon display.
  • The $250,000 per incident cap and joint/several liability structure create clear financial accountability for multiple defendants in a single incident.
  • By excluding peace officers and public entities from this regime, the bill maintains existing remedies for officially sanctioned law enforcement actions.

Compiled from official sources — confirm details with the bill’s official record.

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