Summary
- False imprisonment is a tort, or civil wrong. Victims can pursue a civil lawsuit.
- False arrest is a type of false imprisonment involving wrongful arrest or detention by law enforcement.
- Victims can recover many types of damages in a false imprisonment lawsuit, including compensation for damage to their reputation.
In countless police procedurals and crime dramas, numerous characters are handcuffed and hauled off to jail, often with dramatic flair and a heavy dose of tension. But what happens when the person hasn’t done anything wrong? A wrongful arrest may be the basis for a civil suit for false imprisonment. Lawyers handling these types of cases fight to protect their clients' civil rights and the integrity of the justice system.
What Is False Imprisonment?
False imprisonment is a real-life legal issue that’s far more serious than the scripted twists of your favorite TV show. Whether it's a misunderstanding or an abuse of power, false imprisonment can have lasting consequences for those who find themselves on the wrong side of the law without cause. Let's dive into what false imprisonment means and how you can protect your rights if it ever happens to you.
Like other civil wrongs, or "torts," the elements of a false imprisonment case vary according to state law. However, in general, false imprisonment occurs when a person:
- Intentionally confines, restrains or prevents the departure of another person against their will,
- Within an area with borders under the confiner's control,
- Without legal authority or justification.
Additionally, the victim must be aware of or harmed by the confinement. False imprisonment is a serious violation of an individual's personal liberty and is recognized as a civil tort in most legal systems, including in the United States.
How Does False Imprisonment Occur?
False imprisonment occurs when one person intentionally restricts another person's freedom of movement without consent and without lawful authority through force, threat or other means. This restraint can be physical, such as locking someone in a room or through coercion, such as threatening harm if the person leaves a particular area. The key element is that the plaintiff must have reasonably believed they could not leave.
The confinement must be complete, allowing the individual no reasonable means of escape. It must also be under the control of or caused by the confiner. Two sailors marooned on a tiny, remote desert island, for example, would not have a case for false imprisonment unless their captain deliberately abandoned them there with no means of escape.
A security guard stopping a person who activates the security detectors for long enough to search their parcels is likely well within their legal rights. On the other hand, a store employee detaining a shopper under suspicion of shoplifting without reasonable cause or for an excessive period could constitute false imprisonment.
A police officer who detains a suspect without proper legal justification may also be liable for false imprisonment. Law enforcement officers are generally allowed to detain individuals in certain circumstances, such as with probable cause or a valid arrest warrant. However, if the detention exceeds these boundaries, it could constitute false imprisonment.
Even if an unlawful confinement is brief, it may still be false imprisonment as long as the elements of the tort are present. An experienced wrongful arrest attorney can evaluate the specifics of your situation and advise you on the strength of your case.
