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Topic: False imprisonment

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In the News (Tue 20 Aug 19)

 False imprisonment - Wikipedia, the free encyclopedia
False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority.
With regard to conviction and incarceration of the innocent, the term is often associated with the notion that the police or prosecution knows the person is (or is likely) being falsely imprisoned.
In common law countries, the writ of habeas corpus is a legal means in which an inmate can petition a court to gain his freedom on the basis of false imprisonment; systems with different names but fulfilling the same functions are in place in most civil law countries.
en.wikipedia.org /wiki/Wrongful_incarceration   (253 words)

The malicious filing of a false complaint which causes the issuance of a warrant upon which one is arrest does not give rise to a cause of action for false imprisonment.
Imprisonment is something more than a mere loss of freedom to go where one pleases; it includes the notion of restraint within some limits defined by a will or power exterior to our own.
The purely accidental confinement, without the intent to confine is not a false imprisonment; nor is a confinement due to the negligence of the defendant a false imprisonment.
www.judiciary.state.nj.us /civil/charges/314b.htm   (996 words)

 Chapter 1 - Preventive Law in the Medical Environment - False Imprisonment
False imprisonment is the tort of restraining a person that person's will.
False imprisonment is not based on negligence; it is an "intentional" tort, in that it is based on the "intent" to confine the person.
The problem of false imprisonment usually arises in the context of patients who want to leave the hospital before they are formally discharged.
biotech.law.lsu.edu /Books/aspen/Aspen-False.html   (315 words)

 [No title]
Summary judgment on plaintiff's common-law claims for assault and false arrest and imprisonment and for the section 1983 claim based on assault and malicious prosecution against both defendants and for the section 1983 claim against the City of Salisbury was affirmed.
In those cases, the Court of Appeals merely held that the assault and false imprisonment claims were barred by the one-year statute, N.C.G.S. The court's opinion in neither case indicates whether the applicability of N.C.G.S. 1-52(13) to claims for assault and false imprisonment by a public officer was argued.
For the foregoing reasons, the decision of the Court of Appeals that plaintiff's claims for false imprisonment and assault are barred by the statute of limitations is reversed, and this case is remanded to the Court of Appeals for further remand to the superior court for trial of the remaining viable claims.
www.ibiblio.org /pub/docs/nc-supreme-court/jul3093/valencourt   (2758 words)

 False imprisonment
False imprisonment may sound like a person being dangerously restrained against their will and at risk of being seriously injured or killed.
The definition of false imprisonment is the unlawful restraint of someone which affects the person’s freedom of movement.
Nowadays, that activity is more likely to fall under the definition of false imprisonment because it restricts those individual’s ability to move around on their own, should they desire to.
or.essortment.com /falseimprisonme_rmol.htm   (871 words)

 JOHNSON v. WEINER, FL SC, Nov. 17, 1944
"False imprisonment" is the unlawful restraint of a person against his will, and gist of action is the unlawful detention of plaintiff and deprivation of his liberty.
To be civilly liable for false imprisonment, one must have personally and actively participated therein directly or by indirect procurement, and all those who, by direct or indirect procurement, personally participate in or proximately cause the false imprisonment and unlawful detention are liable.
In malicious prosecution plaintiff must allege and prove malice and want of probable cause and the termination of' the proceeding favorably to plaintiff, whereas in false imprisonment the allegation of want of probable cause is not essential, and the burden is on defendant to prove probable cause as a defense or in mitigation.
www.forerunner.com /fyi/law/raney-v-aw/reference/johnson.html   (803 words)

 Police Liability for False Arrest, False Imprisonment and Malicious Prosecution   (Site not responding. Last check: 2007-10-08)
A police officer’s liability for false arrest requires a slightly different analysis inasmuch as police officers are invested with statutory powers to make arrests and are shielded with constitutional immunity for exercise of their official functions in the absence of actual intent to injure or actual malice.
False imprisonment is defined as the A unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.
A false imprisonment claim under ' 1983 is based on the protections of the Fourteenth Amendment against deprivations of liberty without due process of law as well as the Fourth Amendment’s prohibition on unreasonable seizures.
www.grsmb.com /CM/Articles/Articles40.asp   (3194 words)

 "False Imprisonment" Defined & Explained
To punish the wrong done to the public by the false imprisonment of an individual, the offender may be indicted.
Under California law, false imprisonment is the 'nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.' Fermino v.
A false imprisonment action may also be maintained if 'the defendant unlawfully detains the [plaintiff] for an unreasonable period of time' after an otherwise legal seizure or arrest.
www.lectlaw.com /def/f082.htm   (242 words)

 State v. Brownell, A-01-545, 11 Neb. App. 68   (Site not responding. Last check: 2007-10-08)
On appeal, Brownell contends that the district court erred in concluding that second degree false imprisonment is a lesser-included offense of first degree false imprisonment and that the evidence was insufficient to support his conviction of second degree false imprisonment.
A person commits first degree false imprisonment "if he or she knowingly restrains or abducts another person (a) under terrorizing circumstances or under circumstances which expose the person to the risk of serious bodily injury; or (b) with intent to hold him or her in a condition of involuntary servitude." Neb. Rev.
Further, the offense of first degree false imprisonment requires that this restraint be either under terrorizing circumstances, under circumstances which expose the person to the risk of serious bodily injury, or with the intent to hold the individual in a condition of involuntary servitude.
www.nol.org /home/ncpa/ctopinio/A01-545.htm   (1596 words)

False arrest and false imprisonment as causes of action are indistinguishable.
Where one is imprisoned without authority of law the presumption arises that the imprisonment is unlawful.
All who by direct act or indirect procurement, personally participated in, or proximately cause the false imprisonment or unlawful detention of another, are liable therefor.
www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=58234   (1380 words)

 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
False imprisonment is the unlawful violation of the personal liberty of another.
If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison.
(b) False imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit shall be punishable as described in subdivision (f) of Section 368.
caselaw.lp.findlaw.com /cacodes/pen/236-237.html   (312 words)

 Kidnapping -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-08)
In (The body of law dealing with crimes and their punishment) criminal law, kidnapping is the taking away of a person against the person's will, usually to hold the person in false imprisonment (confinement without legal authority) for (The act of freeing from captivity or punishment) ransom or in furtherance of another crime.
In the terminology of the common law in many jurisdictions (according to (Click link for more info and facts about Black's Law Dictionary) Black's Law Dictionary), the crime of kidnapping is labelled ((physiology) moving of a body part away from the central axis of the body) abduction when the victim is a woman.
It is also legally kidnap for the police officers or agents (etc.) of one state to capture (Someone who is sought by law officers; someone trying to elude justice) fugitives in another state and bring them back for trial.
www.absoluteastronomy.com /encyclopedia/k/ki/kidnapping.htm   (396 words)

 Encyclopedia: False imprisonment   (Site not responding. Last check: 2007-10-08)
False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction.
In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor.
A prison is a place in which people are confined and deprived of a range of liberties.
www.nationmaster.com /encyclopedia/False-imprisonment   (1839 words)

 MCJI Chapter 116
False arrest is an unlawful taking, seizing or detaining of a person, either by touching or putting hands on him or her, or by any other act that indicates an intention to take him or her into custody and subjects the person arrested to the actual control and will of the person making the arrest.
False imprisonment is the unlawful restraint of an individual’s personal liberty or freedom of movement.
To constitute a false imprisonment, there must be an intentional and unlawful restraint, detention or confinement that deprives a person of his or her personal liberty or freedom of movement against his or her will.
courts.michigan.gov /mcji/intentional-torts/printCh116.htm   (1123 words)

 False imprisonment - Bramon v. U-Haul, Inc., 945 S.W.2d 676 (Mo.App. E.D.  1997)
In their second point on appeal, plaintiffs contend that the trial court erred in granting judgment on the pleadings as to the count for false imprisonment because the amended petition sufficiently stated a claim for false imprisonment because all the elements for false imprisonment were stated in the amended petition.
The constituent elements of false imprisonment are the restraint of the plaintiffs against their will, and the unlawfulness of the restraint.
In other words, there can be no tort as a negligent false imprisonment that of itself makes the defendant liable without proof of the invasion of some interest other than the bare interest in freedom from confinement.
biotech.law.lsu.edu /cases/mo/Intentional_torts/Bramon_v_U-Haul_FI.htm   (3210 words)

 AllRefer.com - false imprisonment (Crime And Law Enforcement) - Encyclopedia
false imprisonment, complete restraint upon a person's liberty of movement without legal justification.
Actual physical contact is not necessary; a show of authority or a threat of force is sufficient.
The suit would be brought against officials improperly issuing warrants for arrest and against private persons for any illegal total restraint of liberty.
reference.allrefer.com /encyclopedia/F/falseimp.html   (198 words)

 false imprisonment on Encyclopedia.com
The person falsely imprisoned may sue the offender for damages.
Release from such illegal restraint may be had through a habeas corpus proceeding.
QLD: Youth considers seeking compo for false imprisonment
www.encyclopedia.com /html/f1/falseimp.asp   (396 words)

 SurfWax: News, Reviews and Articles On False Imprisonment
He was also charged with false imprisonment, causing a child to suffer and inflicting unjustifiable mental suffering under circumstances and conditions other than those likely to produce great bodily harm or death.
Mr Wallace faces four counts of battery, one count of false imprisonment and causing and permitting a child to suffer, and one count of inflicting unjustifiable mental suffering.
Heib later sued, alleging false arrest, false imprisonment, defamation and negligent and intentional infliction of emotional distress.
www.lawkt.com /files/False_Imprisonment.html   (4221 words)

 [No title]
General Rule The terms false imprisonment and false arrest are synonymous.
The tort of false imprisonment has been defined to include the following elements [1 Harper & James, The Law of Torts, (3rd ed.) at 226]: (1) THERE MUST BE A DETENTION (a) A Detention Is An Unlawful Restraint Of A Person's Liberty Or Freedom Of Movement.
Malice Is Not An Ingredient In The Tort Of False Arrest Prosser On Torts, (3rd ed.) at 61 says "although intent is necessary, malice in the sense of ill will or a desire to injure is not.
www.judiciary.state.nj.us /civil/charges/3.14b.doc   (1001 words)

 Shoplifting, False Arrest, security consultant, Chris McGoey, shoplifting security expert
In the retail loss prevention profession, the possibility of falsely accusing and detaining a customer for theft is a business reality that must be addressed.
The word "false arrest" is very distasteful to the retail industry, so it has created several alternate words to describe the event.
Many states have enacted legislation to protect the merchant from such false arrest claims by allowing the store to make "investigative detentions" of a customer suspected of shoplifting.
www.crimedoctor.com /shoplifting3.htm   (1164 words)

 LawKT.com: Law Firm Publications on False Imprisonment
Mr Al-Fayed brought an action for false imprisonment, and at the disclosure stage the legal advisers to the Commissioner of Police for the Metropolis disclosed by mistake privileged opinions they had obtained from counsel about the arrest.
Iran was held liable for battery, false imprisonment, intentional infliction of emotional distress, economical loss and loss of consortium.
Claims of defamation, false imprisonment or invasion of privacy may also be lodged against an employer after an investigation of a harassment complaint.
www.lawkt.com /pubs/False_Imprisonment.html   (2978 words)

 INTENTIONAL TORTS: FALSE IMPRISONMENT   (Site not responding. Last check: 2007-10-08)
False imprisonment or false arrest is an action intended to protect our personal interest in freedom from restraint of movement.
The question is usually whether the D's actions resulted in the P being "confined" or "restrained." Although "imprisonment" seems to imply stone walls, iron bars and unfashionable outfits, the tort of false imprisonment requires only confinement not incarceration.
Whether a person is legally "confined" is usually a question of fact.
classes.washburnlaw.edu /smit/Coursemat/2002/torts/false.html   (1715 words)

 Pasco: Man held on drug, false imprisonment charges
He also faces a false imprisonment charge after he is found with a woman in a motel room.
NEW PORT RICHEY -- A 40-year-old New Port Richey man was facing false imprisonment, robbery and drug charges Monday after police found him in a drug-filled motel room with a screaming, naked woman, an arrest report said.
He was taken to the Land O'Lakes jail and faces charges of false imprisonment, robbery, battery, possession of cocaine, possession of drug paraphernalia and possession of controlled substances.
www.sptimes.com /2002/08/13/Pasco/Man_held_on_drug__fal.shtml   (273 words)

 Kidnapping and False Imprisonment in Georgia, Ga felony penalty
If you violate the personal liberty of another person by arresting, confining, or detaining that person without legal authority, you have committed the crime of false imprisonment.
False imprisonment is a felony for which you could receive up to 10 years in prison.
The essential difference between kidnapping and false imprisonment is that kidnapping involves the additional element of asportation.
www.georgiadefenders.com /assault.kidnapping.htm   (203 words)

 false imprisonment - legal definition   (Site not responding. Last check: 2007-10-08)
False imprisonment is a misdemeanor and a tort (a civil wrong).
People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest).
These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.
www.nolo.com /definition.cfm/term/11865EE4-8734-4565-863B06B64AE7E727   (259 words)

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