What Is False Imprisonment?

In criminal law, a government prosecutor can bring criminal charges against a defendant for false imprisonment. The charge may be unlawful imprisonment in the first degree. This crime is detailed in the penal code for your state.

False imprisonment can also be brought as an intentional tort law claim in a private lawsuit. In these civil cases, the imprisoned person (plaintiff) seeks damages from the imprisoner (defendant).

This article discusses false imprisonment and defenses to false imprisonment. Someone accused of this crime would want to seek advice from a criminal defense lawyer. But if you were imprisoned against your will, you may want to sue the person responsible. A personal injury lawyer can review your legal options.

Legal Definition of False Imprisonment

Any person who intentionally restricts another’s freedom of movement without their consent may be liable for false imprisonment. It can occur in a room, on the streets, or even in a moving vehicle.

All states (jurisdictions) have false imprisonment laws to protect against unlawful confinement. False imprisonment is both a crime and a civil wrong. That’s also the case for other offenses against a person, such as assault and battery. 

Similarly,”false arrest”is when someone arrests another individual without the legal authority to do so. False arrest becomes false imprisonment the moment the victim is taken into custody.

Example of False Imprisonment

To illustrate this concept, consider an armed bank robber. The robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Here, there is the threat of force. Since the customers 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.

In a personal injury case, this could place civil liability on the robber for physical injuries or intentional infliction of emotional distress. They may also be liable for punitive damages, or damages designed to punish them for their egregious intentional acts.

The bank robber may be charged with the crime of false imprisonment. The crime can be charged as a misdemeanor or a felony, depending on the circumstances.

Elements of False Imprisonment Claims

To prove a false imprisonment claim as a tort in a civil lawsuit, all the following elements must be present:

• There was a willful detention
• The detention was without consent
• The detention was unlawful

A false imprisonment cause of action can take many forms. Physical force is often involved, but it isn’t required for a legal claim.

The restraint of a person may be imposed by physical barriers, such as being locked in a car. Restraint can also be by unreasonable duress. An example would be 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 in a bounded area. 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 legal privilege to do so. For instance, shopkeepers investigating shoplifting may have the necessary privilege to meet legal standards.

More Examples of False Imprisonment

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 without justification
• An employer who detains someone for questioning for an unreasonable amount of time for suspected theft
• Nursing home staff medicating a patient without their consent under physical or emotional threat

Even the police may be charged with false imprisonment if they exceed their authority. For example, they may wrongfully detain someone without legal justification, such as without probable cause.

Examples That Are Not False Imprisonment

The following examples don’t constitute false imprisonment:

• A claim that you were falsely imprisoned by the government simply because you were found innocent of a crime
• A person who grabs your arm, but you know you can free yourself from their grip without fear of harm
• A storekeeper who detains you for a reasonable amount of time for questioning based on probable cause. For example, they 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 without harmful consequences
• The state approves the involuntary commitment of a hospital patient for medical treatment or observation

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.

Voluntary Consent

A person who consents to confinement may not later claim false imprisonment. The consent must be obtained without duress, coercion, or fraud. Therefore, voluntary consent to confinement is often a defense to false imprisonment.

Police Privilege

In all states, police officers have the lawful authority to detain someone with legal justification. This usually means the police must have probable cause or reasonable suspicion. These are different legal standards that allow police to suspect that wrongdoing or a crime has been committed.

Shopkeeper’s Privilege

Many states have laws protecting merchants from false imprisonment claims. These laws typically allow merchants to detain patrons if they have a reasonable, good-faith belief that the patron committed theft.

A shopkeeper is usually limited to detaining a person to:

• Request or verify ID
• Make a reasonable inquiry into whether the person has purchased the merchandise
• Hold the person in custody until a peace officer arrives

In determining liability, a court will look at whether the store’s actions under the circumstances were reasonable. A guilty shoplifter can still sue for false imprisonment if the detention was unreasonable.

Citizen’s Arrest

In some instances, a person who is not a law enforcement official can make a “citizen’s arrest” by calling for a peace officer. This can happen when a crime is committed or attempted in their presence. However, this defense is not meant to give citizens the right to take the place of law enforcement.

False Imprisonment vs. Kidnapping

False imprisonment and kidnapping are different. The crime of kidnapping occurs when one person abducts another to a new place. This is usually followed by holding them against their will. False imprisonment cannot occur in a kidnapping situation because the person has been moved to a new area.

Kidnapping can involve:

• The use of force
• Unlawful restraint
• Bodily injury
• Traveling a substantial distance
• Crossing state borders

There are state laws regarding the specific requirements for aggravated kidnapping, second-degree kidnapping, or other kidnapping charges. All of these are criminal charges in nature and are serious charges. This is true even if a non-custodial parent takes their child without the other parent’s consent.

Free Claim Review

You may wonder how to initiate a private civil lawsuit for false imprisonment. If your case involves criminal law, you might also need other related legal advice.

A great first step is to speak with a personal injury attorney in your area today. An experienced personal injury lawyer from a law firm focused on these types of claims can review your claim during a free consultation.