What is False Imprisonment?

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What is False Imprisonment?

When asking “What is false imprisonment?” it’s natural to think of a jail or prison cell.  However, false imprisonment usually has nothing to do with incarceration or police authorities.  Instead, false imprisonment is defined as the unwanted or unauthorized detention of a person by another. 

Thus, any normal citizen can be guilty of false imprisonment of another if they:

Of these elements of proof, the last one is particularly important.  The plaintiff needs to be aware of their confinement.  So, if for example they are asleep when confined and unaware of the situation, the defendant likely won’t be found guilty of false imprisonment. 

In some jurisdictions, the victim cannot have a reasonable means of escape in order for false imprisonment to occur.  Also, note acts of omission can also form the basis for false imprisonment (such as intentionally failing to unlock a door if a person is trapped inside). 

What is False Imprisonment of a Minor?

False imprisonment of a minor occurs when the victim is younger than the age of majority (usually 18 years old in most states).  False imprisonment of a minor is a serious crime and is usually punished more severely than false imprisonment of an adult.  This is due to concerns over kidnapping and detaining children without parental consent. 

False imprisonment of a minor generally does not occur if the defendant is related to the child and if they acted with the consent of the child’s parents.

What is False Imprisonment in the Workplace?

False imprisonment in the workplace occurs when a supervisor or manager detains a worker in a way that is unreasonable and causes harm to the worker.  For example, if an employer uses a threat of force to detain a worker longer than is normally asked of them, it may be considered false imprisonment in the workplace.

Most instances of false imprisonment in the workplace involve a supervisor interrogating an employee over a dispute or conflict.  Thus, employers need to exercise caution whenever they detain a worker, especially if the detention is not a normal part of the worker’s routine.

What are Some Legal Remedies for False Imprisonment?

When analyzing a false imprisonment case, the court will also consider the appropriate legal remedy.  These typically include a monetary compensation award for any injuries or suffering the plaintiff experienced due to the confinement.  The defendant may have to pay for the plaintiff’s medical bills and other court costs. 

Also, if the plaintiff’s injuries caused them to miss work, the plaintiff may be entitled to collect lost wages for the time off from work.  In severe cases, the defendant will likely face criminal charges in addition to any civil liability that they have incurred. 

Standard defenses usually apply in a false imprisonment case.  These can include self-defense (they confined the person in order to avoid being attacked) and coercion (i.e., being forced to confine the plaintiff by another person who is threatening to harm them if they don’t).

Do I Need a Lawyer for Assistance if I Have a False Imprisonment Claim?

False imprisonment can often occur in normal, everyday situations, such as at the workplace.  If have experienced any injuries or losses due to false imprisonment, you may be able to file a claim with the court.  You may wish to hire an experienced lawyer to help guide you through the process of filing a lawsuit.  Your attorney can be on hand to answer questions and help you prepare the necessary evidence for your claim. 

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Last Modified: 05-31-2012 10:40 AM PDT

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