Negligence of Organization: False Imprisonment
Wrongful imprisonment, also sometimes known as false imprisonment, false arrest, or unlawful imprisonment, refers to the invalid use of legal authority to detain a person against their will and restrict their freedom of movement. This unlawful restraint happens without legal justification. While actual physical restraint is not necessary for wrongful imprisonment, this act can still be brought to court for monetary compensation due to the emotional, psychological, and physical damages it can cause.
Wrongful imprisonment falls under both classifications of a crime and a tort. Leav & Steinberg LLP can identify this negligence and help you receive possible compensation if you are a victim of wrongful imprisonment.
What Happens if I Experience False Imprisonment?
Unlike a wrongful arrest from a member of law enforcement, including police officers or security guards, wrongful imprisonment often involves manipulation and pressure to be physically confined on business or organization premises. This act occurs if someone is restricted from leaving a location, such as being held hostage or being detained by a business owner. Other examples include holding a person for suspected shoplifting, a hospital or nursing home detaining someone without their consent or a court order, or a religious group unlawfully restraining a member from leaving the premises.
These acts can all be classified as crimes, and charges in a criminal case can be filed, with damages sought.
When Is a Public Entity or Organization Liable for False Imprisonment?
By intentionally confining another person without their consent for a reasonable amount of time in a bounded area or limiting their freedom of movement in all directions, false imprisonment has been committed. Bounded areas can include any threat of immediate physical force or using a physical barrier to restrict movement, as well as psychological barriers, such as threats to harm the detainee or their family if they leave. Even if a reasonable means of escape exists, if it is not known or apparent to the detainee, the confinement may still be considered wrongful.
Victims can also be deprived of their personal liberty through the invalid use of legal authority, such as being arrested without a warrant or with an illegally executed warrant. Several factors determine whether the imprisonment was wrongful, as these laws vary from state to state, and sometimes the defendant might have had reasonable grounds to commit the act. Plaintiffs must prove that the person committing the confinement lacked sufficient justification for their actions.
Hiring an experienced team is the best way to determine the facts of the case and make a claim.
What Are the Defenses Commonly Used for False Imprisonment?
Wrongful imprisonment is most commonly defended with arguments of police privilege, probable cause, or the defense known as Shopkeeper’s Privilege. For example, under Shopkeeper’s Privilege, a store owner can detain someone in a reasonable manner and for a reasonable time if they have a reasonable belief the person has stolen something.
Defenses to wrongful imprisonment can also include probable cause, meaning the person committing the confinement had an honest suspicion the accused was guilty and therefore detained them. There is also the defense of voluntary consent, which means a person was held without coercion, duress, or fraud, and thus, the detention may not qualify as wrongful imprisonment.
If none of these defenses apply to your situation and you would like to successfully file a claim for wrongful imprisonment, the team at Leav & Steinberg is ready to help.
Contact the Tort Law Lawyers at Leav & Steinberg
If you have experienced unlawful imprisonment and want to pursue a false imprisonment claim, contact Leav & Steinberg today. We work side-by-side with you to help you receive compensation. Contact us at 347-427-5171 for a free consultation and learn more about filing a claim in the New York City area.
