What is False Imprisonment?
False imprisonment takes place when a person is unlawfully confined against his or her will. It is typically defined under the law as willful detention without consent or authority of law. Though law enforcement officers are frequently defendants in lawsuits alleging false imprisonment, there are a number of other contexts where being held against your will may give rise to a claim for false imprisonment:- In a retail setting—If you have been locked in a room in a store, mall or other retail establishment by an owner or employee, against your will, you may have a claim, even if the person detaining you thought you were shoplifting.
- In a hospital or nursing home—If you have been tied to a bed or otherwise restrained without your permission, or that of your legal guardian, you may have a claim for false imprisonment.
- In a kidnapping or hostage situation
- In an arrest where there is an invalid warrant, or other constitutional requirements are not met