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False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment … See more
Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such … See more
Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim of false imprisonment since false imprisonment … See more
Defences for false imprisonment include consent and performance of a contract. Moreover, the defence of illegality may also apply, therefore … See more
Under common lawFalse imprisonment is both a crime and a tort.Under United States lawPolice officers have the right to detain individuals based on probable cause that a crime has been committed and the individual was involved, or based on reasonable suspicion that the individual has been, is, or is about to be engaged in a criminal activity.Many jurisdictions in the United StatesRecognize the common law known as shopkeeper's privilege under which a person is allowed to use reasonable force to detain a suspected shoplifter on store property for a reasonable period of time.In Enright v. GrovesA woman sued a police officer for false imprisonment after being arrested for not producing her driver's license.In a Clark County, Indiana Circuit Court caseDestiny Hoffman was jailed for 154 days, during which 'no hearing was conducted to determine the validity of such sanction and the defendant was not represented by counsel' according to deputy county prosecutor Michaelia Gilbert.In a Louisiana case in the United StatesA pharmacist and his pharmacy were found liable by a trial court for false imprisonment.This tort again falls under the umbrella term 'trespass to the person' alongside 'battery and assault'.The definition of false imprisonment under UK law and legislation is the 'Unlawful imposition or constraint of another's freedom of movement from a particular place.'In the case of Hook v Cunard Steamship Co LtdThe sailor was confined to his quarters and accused of child molestation but with 'no vestige of grounds in support', this was held to be false imprisonment and aggravated damages were available due to this causing humiliation and injury to the claimant's feelings.United States
Under United States law, police officers have the right to detain individuals based on probable cause that a crime has been committed and the … See moreIf the false imprisonment was for a minimal amount of time, the claimant could be entitled to nominal damages, as this tort is actionable per se. In Walker v Commissioner of … See more
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