Answer:
the state of being imprisoned without legal authority.
"he sought damages from the police for wrongful arrest and false imprisonment"
Step-by-step explanation:
False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.
This article discusses false imprisonment and defenses to false imprisonment.
Examples of False Imprisonment Situations
For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed or suffer serious bodily harm if they try to leave, they are being held against their will.The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. These crimes can be a misdemeanor or a felony depending on the circumstances. Even the police may be charged with false imprisonment if they exceed their authority. For example, if they detain someone without justification.
In fact, any person who intentionally restricts another's freedom of movement without their consent may be liable for false imprisonment. False imprisonment is both a crime and a civil wrong, like other offenses including assault and battery. It can occur in a room, on the streets, or even in a moving vehicle.
Similarly, "false arrest" is when someone arrests another individual without the legal authority to do so. False arrest becomes false imprisonment the moment he or she is taken into custody.
Elements of a False Imprisonment Claim
All states have false imprisonment laws to protect against unlawful confinement. To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present:
There was a willful detention;
The detention was without consent; and
The detention was unlawful.
False imprisonment can come in many forms; physical force is often used, but it isn't required. The restraint of a person may be imposed by physical barriers, such as being locked in a car. Or, restraint can be by unreasonable duress (for example, holding someone's valuables, with the intent to coerce them to remain at a location).
To claim false imprisonment, you must reasonably believe that you were confined. A court will determine whether the belief is reasonable by determining what a reasonable person would do or believe under similar circumstances. Additionally, the actor must intend to commit the confinement without the privilege to do so. For instance, shopkeepers investigating shoplifting or civilians who have witnessed a felony have the necessary privilege to meet legal standards.
Examples of false imprisonment may include:
A person locking another person in a room without their permission
A person grabbing onto another person without their consent, and holding them so that they cannot leave
A security guard or store owner who detains someone for an unreasonable amount of time-based on their appearance
An employer who detains someone for questioning for an unreasonable amount of time for suspected theft
Nursing home staff who medicates a patient without their consent under physical or emotional threat
The following examples don't constitute false imprisonment:
A claim that you were falsely imprisoned simply because you were found innocent of a crime
A person who grabs your arm but you know you can free yourself from his grip without fear of retaliation
A storekeeper who detains you for a reasonable amount of time for questioning based on probable cause, such as if she saw you take a concealed item out of the store without paying for it
A person who closes the front door and asks you not to leave, but you know you can leave through an open side door
Defenses to False Imprisonment Claims
Defenses to false imprisonment claims often turn on whether the person claiming the imprisonment gave consent. Consent can either be actual or implied. Consent is not needed when the person who confined another had reasonable grounds to justify the imprisonment. Below are common defenses to a false imprisonment claim: