What is false imprisonment?

False Imprisonment Explained

False imprisonment is the unlawful restriction of a person's freedom of movement. It's a civil tort, meaning a wrong that can be remedied through a lawsuit for damages. In some cases, it can also be a criminal offense.

Key Elements:

To establish a claim for false imprisonment, the following elements must generally be proven:

• Intentional Restraint: The defendant must have intentionally restrained the plaintiff. This means the restraint was not accidental.
• Unlawful Restraint: The restraint must be unlawful. This means the defendant did not have legal justification for restraining the plaintiff.
• Restraint of Liberty: The restraint must involve a restriction of the plaintiff's freedom of movement. The plaintiff must be prevented from going where they have a right to go.
• Awareness of Restraint: The plaintiff must be aware of the restraint at the time it occurs. Some jurisdictions may have exceptions, such as for individuals with diminished mental capacity.

What Constitutes Restraint?

Restraint doesn't necessarily mean being physically locked in a room. It can include:

• Physical Barriers: Examples include locking a door, holding someone down, or using physical force to prevent someone from leaving.
• Threats of Force: Credible threats of immediate physical force that reasonably cause a person to believe they will be harmed if they attempt to leave.
• Assertion of Authority: An assertion of legal authority that causes a person to submit to confinement. For example, a store security guard falsely detaining someone they suspect of shoplifting without probable cause.

Defenses to False Imprisonment:

Several defenses may be raised in a false imprisonment case, including:

• Legal Authority: If the defendant had legal authority to detain the plaintiff (e.g., a valid arrest warrant).
• Probable Cause: In some circumstances, having probable cause to believe a person committed a crime may be a defense, particularly in cases involving shopkeepers detaining suspected shoplifters. This is often called the "shopkeeper's privilege."
• Consent: If the plaintiff voluntarily consented to the restraint, there is no false imprisonment.
• Citizen's Arrest: Many jurisdictions allow private citizens to make arrests under specific circumstances. If a citizen's%20arrest is lawful, it can be a defense.

Damages:

If a plaintiff successfully proves false imprisonment, they may be entitled to damages, including:

• Compensatory Damages: To compensate for losses such as lost wages, medical expenses, emotional distress, and pain and suffering.
• Punitive Damages: In cases of particularly egregious conduct, punitive damages may be awarded to punish the defendant and deter future misconduct.