What Is False Imprisonment?

Part of being an American citizen is the right to personal freedom. Each individual has the legal right to move freely and without fear of harm. When someone unlawfully restrains another person against his or her will, the law refers to it as “false imprisonment.” The perpetrator may be an unauthorized person or a law enforcement officer. The who doesn’t matter – any person who intentionally restricts someone’s freedom of movement without legal justification or consent is liable for false imprisonment. It’s the why that matters most in false imprisonment cases.

Elements of a Successful False Imprisonment Claim

The main element in a false imprisonment claim is that the restriction of freedom was unlawful. The perpetrator must have no legal authority, no justification, and/or no consent for the detainment. A similar concept, “false arrest,” occurs when one person arrests another without the legal authority to do so. The moment the perpetrator takes the victim into custody, it becomes false imprisonment. The three elements of a false imprisonment claim are:

1. Willful detention of one person by another person.
2. The detention occurred without consent.
3. The detention was unlawful.

Proving false imprisonment requires the plaintiff to prove all three elements. Plaintiffs must have evidence that they reasonably believed in their confinement. The court determines “reasonable belief” by determining what a reasonable and prudent person would believe in the same circumstances. The plaintiff must also prove the defendant had no justifiable reason for the confinement.

Types and Examples of False Imprisonment

There are many forms of false imprisonment, from a robber telling nobody to move during a bank heist to locking another person in a room without the person’s permission. This crime may or may not include physical contact. Grabbing and holding someone so they cannot leave is false imprisonment, but so is threatening bodily harm if the person leaves. False imprisonment can happen anywhere – in an alley, a grocery store, or in one’s own home.

Examples of false imprisonment include a storeowner detaining you for an unreasonable amount of time because of personal bias, such as how you look or dress. Another example is a person holding something you value, without your consent, with the intent to make you remain in a certain place. Even an authority, such as a police officer, may be guilty of false imprisonment if he or she holds you against your will without justification.

Examples of what circumstances do not constitute false imprisonment are if someone grabs you but you know you can break free without fear of retaliation or someone who detains you for questioning based on a reasonable suspicion that you committed a crime. You could not sue for false imprisonment just because a judge found you innocent, for example. A defendant may use defenses, such as you gave your voluntarily consent to the confinement, or that he or she had reason to believe you committed a crime.

Outcomes of False Imprisonment Cases

False imprisonment is a civil infraction and a crime in Texas, punishable by jail time and hefty fines. If a false imprisonment case leads to a felony case, such as may be the case with threats of violence or false imprisonment of a minor, the convicted party can serve 20 or more years in prison and pay fines exceeding $10,000. Misdemeanor cases typically result in up to one year in jail and/or a fine of up to $1,000.

False imprisonment can be a terrifying and traumatic experience for victims, who can suffer significant psychological damages. Successful false imprisonment cases can grant the plaintiff compensation for emotional distress and mental anguish, as well as any physical injuries. If the plaintiff has to go through therapy to cope with the experience, the defendant will have to pay for these services as well.