Schnaufer v. Price

In Schnaufer v. Price, 124 S.W.2d 940, 942 (Tex. Civ. App.-Texarkana 1939, writ ref'd),the Court held that, while a simple mistake in identification would not make a reporting party liable, "if a person should willfully identify the wrong man as being the criminal, for the purpose of having him arrested," that person could be liable for false imprisonment. This language is consistent with the prevailing majority rule that a third party will not be liable for instigating a false imprisonment unless the third party knowingly provides false information resulting in the arrest. See, e.g., 32 AM. JUR. 2D False Imprisonment 41.