False Imprisonment - Explained
What does it mean to wrongfully detain a person?
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is False Imprisonment?
False imprisonment is the wrongful detention of a person without that persons consent. The detention does not have to involve physical force.
What Actions Constitute False Imprisonment?
It can involve a threat of physical force or the apprehension of harm for failure to remain in a specific location. The key aspect is that the detained individual must reasonably believe that she cannot leave the detention without unjust repercussions.
- Note: The detention area must be relatively defined.
- Example: This situation often arises when an agent of a retail establishment detains a suspected shoplifter. If the individual is not actually a shoplifter, the detention is wrongful and can constitute false imprisonment.
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