In the state of Pennsylvania, a person can be criminally charged with false imprisonment. This happens when a person knowingly restrains another in ways that interfere with the victim’s liberty. You can also seek full and fair compensation for any losses you suffered when someone wrongfully detained you. This blog post identifies the situations where you may pursue damages for false or wrongful 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 most instances, false imprisonment is accompanied by the use of force or by a threat of force. It is not a valid defense that the victim consented because of the use or threat of force. If the false imprisonment is accomplished by the threat of force, the threat must be reasonable and imminent.
False imprisonment also generally requires that the victim know or reasonably believe that their freedom of movement is restricted or limited. For example, if a person was locked in a room for hours, but did not know the door was locked and did not try to leave, there will likely be no damages available for false imprisonment.
At Metzger & Kleiner, we offer a free initial consultation to every client. For an appointment to discuss your concerns about false imprisonment, contact our office online or call us at 215 622-2210 in Philadelphia, 610 563-2186 in the Lehigh Valley, or toll free at 800 228-1760.
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