False Imprisonment
Key Takeaways:
- False imprisonment is a kind of personal injury claim where the victim can get compensation.
- False imprisonment involves depriving someone of their freedom to move.
- Police officers may have a defense to false imprisonment claims based on probable cause.
You can’t be held against your will just because someone suspects you did something wrong. Holding someone against their will can be a crime and a civil wrong. Anyone detained against their will can file a personal injury claim for damages.
If you want to know more about your legal rights after being falsely detained, talk to a personal injury lawyer for legal advice about your case.
What Is False Imprisonment?
The U.S. Constitution gives us the right to life and liberty. If someone physically restrains you and you are not free to leave, it is a violation of your personal liberty.
For example, if you are shopping in a department store and the security guard mixes you up with a shoplifter and detains you with physical force, they may actually be violating your civil rights. You may be able to file a false imprisonment claim against the store owner.
In a civil lawsuit, false imprisonment is known as an intentional tort. Other intentional torts include assault, battery, and intentional infliction of emotional distress. Victims of false imprisonment can file a civil lawsuit against the person who was responsible for the unlawful restraint.
Is False Imprisonment a Crime?
False imprisonment is also a crime. Criminal charges for false imprisonment involve unlawful restraint, confinement, or detention of someone without their consent. If someone is detained and moved from one place to another, it could be considered kidnapping, which carries more severe penalties.
Criminal cases of false imprisonment are handled by the prosecutor and criminal courts. However, personal injury lawsuits for false imprisonment are filed in civil court.
What Are the Elements of False Imprisonment?
The elements of civil false imprisonment are different in every state. Generally, the elements are false imprisonment are:
- The defendant intentionally deprived you of your freedom of movement by physical barriers, force, or threat of force
- You were detained for an unreasonable amount of time
- You did not consent
- You suffered harm as a result
False imprisonment laws are different in every state. If you want to know about the elements of civil false imprisonment where you live, talk to a local personal injury attorney about your case.
False Imprisonment by Police Officers
False imprisonment claims against police officers are different than those involving regular citizens. Law enforcement officers have the legal authority to lawfully arrest you based on probable cause. However, a false arrest could still be a civil wrong, even when it involves police officers.
However, law enforcement officers have an affirmative defense to false imprisonment claims. This means that even if the police falsely arrest you, they have a justifiable reason like the officer believed that you committed a crime in their presence.
What Compensation Can I Get in a False Imprisonment Case?
For a personal injury lawsuit, you have to prove that you suffered damages. For example, in a car accident or medical malpractice case, damages can include medical bills, lost wages, and pain and suffering.
Harm in a false imprisonment claim doesn’t have to involve physical injuries. Damages can also include:
- Emotional suffering
- Mental distress
- Physical discomfort
- Inconvenience
- Humiliation
In some cases, you may also be able to seek and recover punitive damages. These are extra damages meant to additionally punish the defendant and send a message about their conduct.
What Are Defenses to False Imprisonment?
If you file a false imprisonment case against someone, they may have legal defenses. As indicated above, police officers or those with legal authority can arrest someone if they have probable cause. Someone witnessing a crime taking place in front of them may also have a legal defense to false arrest claims.
Acting in self-defense or in defense of others may also be a defense. For example, if someone locked you in a room because they feared you would harm them or another person, they will likely use that as their defense.
How Can a Personal Injury Lawyer Help?
Being arrested, detained, or held against your will can be traumatizing and humiliating. Even if a shopkeeper thought you did something wrong, there is no legal justification for holding you against your will if you did nothing wrong. A personal injury lawyer can help you file a civil lawsuit for damages after false imprisonment. If you want to know if you have a false imprisonment claim, talk to a personal injury lawyer about your rights.
Hurt in an Accident?
Experienced personal injury lawyers in our directory can fight the insurance companies for you to get the compensation you deserve.