What is False Imprisonment?
False imprisonment may conjure up notions of people being forcibly restrained against their will with a risk of being seriously injured or killed. Imprisonment, however, can include other scenarios which sound less terrifying. False imprisonment is the detention of a person without any justification, consent, or authorization by law. It is any illegal imprisonment, without due process and regards to whether any crime has been committed. The elements of false imprisonment are: - words or acts by the defendant intended to confine plaintiff;
- actual confinement; and
- awareness by the individual that he/she is being confined.
To help determine if false imprisonment has occurred, consider the circumstances of the situation: - Did you commit a crime?
- Were you injured or threatened if you attempted to leave?
- Were you restrained against your will?
Example of False Imprisonment
False imprisonment can occur when a store manager believes you have stolen some items from the store and detains you. When detained, you are denied the chance to use the restroom, get water and/or exit the room. This is considered imprisonment. You may be considered ‘falsely imprisoned,’ depending on the period of time you are held, and whether or not you sustain any injuries. What Remedies are Available for People Who are Falsely Imprisoned?
A court may order for a writ of habeas corpus and to recover damages for the injury. A writ for habeas corpus is issued by a court to release a party from unlawful restraint. The person falsely imprisoned may sue the offender for damages. Defense for False Imprisonment
It is a complete defense to a claim of false imprisonment if the plaintiff was restrained or arrested under legal authority or justification. If the defendant was exercising his/her legal rights and duties, then the restraint or imprisonment was justified. Do I Need an Attorney for my False Imprisonment Issues?
If you feel that you may have been injured by being falsely imprisoned, you should contact an attorney experienced in personal injury suits for false imprisonment and /or false arrest. Additionally, an attorney will inform you of your rights and preserve any possible legal remedies you may have. |
