False Imprisonment For Shoplifting In Chicago
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FAQ
When the value of the property is more than $300, shoplifting is a Class 3 felony, carrying penalties of 2 to 5 years in prison and fines up to $25,000. If the crime is executed through the use of an emergency exit, it is charged as a Class 2 felony, with fines up to $25,000 and 3 to 7 years in prison.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
Under California law, being accused of stealing without any evidence or reasonable suspicion can be considered defamation or false accusation.
Even if probable cause does exist, if the store owner detains the plaintiff for too long or in an unreasonable or excessive manner, liability for false imprisonment is still a real possibility. Learn more about intentional tort personal injury cases.
