120Liability for wrongful imprisonment

120 Liability for wrongful imprisonment (1) A person unlawfully imprisoned by the sheriff or any of the sheriff's officers has an action against the sheriff in like manner as against any other person who should imprison him or her without warrant. (2) If a person in the custody of the sheriff or of any other person either in execution or for non-performance of a judgment or order of the Court or for contempt of the Court or otherwise in the course of a proceeding escapes out of legal custody, the sheriff or other person is liable to pay the damages sustained by the person at whose suit the prisoner was taken into custody and all costs of recovering those damages but not any further sum. (3) There is no liability under this section for the escape of a prisoner when confined in a prison. S. 121 amended by No. 57/1989 s. 3(Sch. item 192.2), repealed by No. 9/2009 s. 66. S. 121A inserted by No. 9/2008 s. 44, repealed by No. 9/2009 s. 67. S. 122 repealed by No. 9/2009 s. 68. No. 6387 s. 198.