False imprisonment, or unlawful imprisonment, is the unauthorized detention of one individual by another person or persons. Although false imprisonment is a criminal offense, it is also a civil wrong that may lead to liability for damages on the part of the perpetrator.
Any individual may perpetrate civil false imprisonment on another individual. The perpetrator of civil false imprisonment may also be a member of law enforcement acting outside of their authority.
A successful false imprisonment claim does not require proving the use of physical force occurred by the perpetrator. An implied threat of force can be sufficient to prove the intent of the perpetrator.
An example of this would be when a perpetrator states they will hurt a victim if they attempt to leave. It is important to note that a victim must be aware of their confinement.
For example, if a victim is sleeping when falsely imprisoned and they were not aware of the imprisonment, the perpetrator likely would not be found liable for false imprisonment. In certain states, a victim must also not have a reasonable means of case in order for false imprisonment to occur.
Additionally, if an individual fails to act in certain circumstances, it may form the basis for a false imprisonment claim. For example, if an individual does not unlock a door when a person is trapped in a room behind it, it may constitute false imprisonment.
Examples of false imprisonment include, but are not limited to:
- An individual gets into an argument with their spouse and wants to leave their residence, but their spouse prevents them from leaving;
- One individual builds some type of barricade so that another person cannot leave their house or other space;
- One individual prevents another person from exiting a commercial space when they want to leave;
- One individual blocks another individual’s car so they cannot exit a parking lot;
- A individual ties another person to a chair;
- Even grabbing an individual’s arm to prevent them from leaving their presence can be considered false imprisonment.
What Are the Elements of False Imprisonment?
Every state has its own laws governing false imprisonment charges and protecting individuals from unlawful confinement. In order for an individual to bring a civil lawsuit for false imprisonment, there are several elements that must be shown, including:
- If the perpetrator said any words or committed any acts with the intent to confine the victim;
- The victim was actually confined for a period time;
- The victim was aware that they were being confined; and
- The detention was unlawful and willful.
Of these elements, the last one is important. A plaintiff must be aware they were confined.
What Is False Imprisonment of a Minor?
False imprisonment of a minor, or false imprisonment of a child, occurs when the victim is younger than the age of majority. Typically, the age of majority is 18 but may be 19 in some states.
False imprisonment of a minor is a serious criminal offense that may be punished more severely than false imprisonment of an adult. This is because of concerns related to kidnapping and detaining children without parental consent.
In general, false imprisonment of a minor does not occur if a defendant is related to the child and they were acting with the consent of the child’s parents.
What Is False Imprisonment in the Workplace?
False imprisonment in the workplace arises when a manager or supervisor detains a worker or employee in a way that is unreasonable and causes harm to the employee. For example, if the employer uses the threat of force in order to detain an employee for a longer time period than is normally asked of them, it may be considered false imprisonment in the workplace.
The majority of false imprisonment in the workplace cases involve a supervisor who is interrogating an employee over a dispute or conflict. Because of this, employers should exercise caution whenever they detain a worker, especially if the detention is not a normal part of the employee’s routine.
In these types of situations, the employer should simply ask the employee to stay and talk instead of forcibly detaining them.
What Are Some Examples of False Imprisonment?
There are numerous different ways an individual may be confined against their will or their freedom to move. Examples of false imprisonment may include, but are not limited to:
- A person locking another individual in a room or space without their permission;
- A person holding another person down in a way that they cannot move;
- Grabbing another person;
- Detaining another person for a period that is beyond the necessary amount; or
- A security guard detaining an individual for an unreasonable amount of time.
What Are Some Legal Remedies for False Imprisonment?
The typical legal remedy for civil false imprisonment is an award of money damages to compensate the victim for any injuries or suffering they experienced as a result of the confinement. This monetary award is intended to compensate the victim for:
- Medical bills: If the victim was injured physically and required medical treatment, damages would cover the costs incurred for medical treatments;
- Lost income: If the victim suffers a loss of income and future income, damages should compensate for that;
- In addition, if the evidence shows that the victim has suffered a loss of earning capacity, then that would be compensated for in an award of money damages;
- Emotional distress: This could include any significant emotional response to the incident, such as shame and humiliation; and
- Pain and suffering: This would be the psychological component of physical injury; and
- Lost business or lost employment opportunities: If a victim earns their living by operating a business and loses business due to the injuries, they may seek damages to compensate for those losses.
If the conduct of the perpetrator showed particular maliciousness, a jury may also award punitive damages in a false imprisonment case. In severe cases, a defendant may also face criminal charges in addition to civil liability that they incurred.
If an individual is involved in any false imprisonment issues, a false imprisonment attorney can help. An attorney can advise an individual of the possibility of obtaining compensation for their injuries.
Are There Any Legal Defenses if I Am Accused of False Imprisonment?
In false imprisonment cases, the standard defenses will typically apply. This may include self-defense, where the defendant confined the person in order to avoid being attacked, and coercion, or being forced to confine the plaintiff by another person who is threatening to harm them if they do not.
What Do False Imprisonment Lawyers Do?
False imprisonment lawyers help individuals who are involved in false imprisonment cases. They may represent a plaintiff or a defendant and will represent their interests in court.
Do I Need a Lawyer If I Have a False Imprisonment Claim?
False imprisonment may occur in everyday situations, even in the workplace. If you have experienced a loss or injury due to being falsely imprisoned, you may be able to file a lawsuit for damages in a civil court of law.
If you have suffered injury, it is important to consult with a personal injury lawyer as soon as possible. Your lawyers will answer questions and help you prepare the necessary documents and evidence to establish your claim.
