What Is False Imprisonment? What Are the Potential Remedies? Are There Exceptions to the Rule?
As humans, one of our most cherished freedoms is the freedom of movement, to be able to go to the places we are legally allowed to go. Accordingly, when that freedom is restricted, we have the right to turn to the law for protection and redress. The wrongful restriction of freedom of movement is referred to as false imprisonment.
What is the legal definition of false imprisonment? What must you show to successfully claim false imprisonment? What can you expect to accomplish if you successfully show false imprisonment? Are there instances where another person may legally limit or restrict your freedom of movement?
What Is False Imprisonment?
False imprisonment is a legal wrong that may have criminal and/or civil consequences. The common elements of either a criminal or civil claim for false imprisonment include:
- The requisite state of mind of the defendant — Intent may be sufficient for either a criminal prosecution or a civil lawsuit, but a person cannot be charged with the crime of false imprisonment for a negligent or careless act, like accidentally locking someone in a room. Negligent false imprisonment can, however, serve as the basis for a civil lawsuit in which the plaintiff might recover damages.
- Unlawful or impermissible detention — The defendant must confine the injured party without legal grounds or without legal justification.
- Absence of consent — A person who willingly agrees to be detained will not have a claim for false imprisonment.
- Confinement to a specific area — A physical barrier is not necessary but will suffice to create false imprisonment. If, however, the confined person reasonably believes they cannot leave a restricted area, there may be false imprisonment, even if there are no physical barriers.
To qualify as false imprisonment, the confinement need not be accomplished through the use of force, or even through detention in an enclosed area. Threats of violence, coercion, and abuse of authority may be sufficient basis for a claim.
False Imprisonment as a Crime
False imprisonment may be charged as a crime in all 50 states. Based on the specific facts of the case, the defendant may be charged with a misdemeanor or a felony. As a general rule, to constitute a criminal offense, the confinement must be intentional, unlawful, and without permission or consent. In most jurisdictions, the detainee must also know of or be aware of the false imprisonment.
A person who reasonably believes he has freedom of movement will typically be unable to obtain a criminal conviction for false imprisonment. Furthermore, there’s no specific time period necessary to qualify as false imprisonment. Even a momentary unlawful detention can be the basis for a criminal prosecution. A person convicted of the crime of false imprisonment may face incarceration, fines, and probation.
False Imprisonment as a Tort (Civil Claims)
Though most civil claims for false imprisonment are based on intentional acts of confinement, a person may nonetheless be liable for careless or negligent acts that result in false imprisonment. The typical remedies for a civil claim of false imprisonment are monetary damages, compensation paid for physical injury, emotional distress, or financial loss.
Common Exceptions to a Charge or Claim of False Imprisonment
- A law enforcement officer making a lawful arrest based on probable cause can never be guilty of or liable for false imprisonment, even if the detainee resists arrest or believes the detention is without merit or legal authority.
- Most states recognize what is commonly referred to as the “shopkeeper’s privilege,” which allows a business owner to detain someone for a reasonable amount of time if they have a reasonable suspicion of shoplifting or other illegal activity.
- Parents always have the right to detain minor children.
- Judges may order the detention of a person with legal basis and through their judicial capacity.