Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair.
False imprisonment is the unlawful violation of the personal liberty of another. (Enacted 1872.)
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.
Elements. The elements of a False Imprisonment claim in Texas are: 1) willful detention; 2) without consent; and 3) without authority of law. Wal-Mart Stores, Inc.
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
The Bottom Line: "False imprisonment is the intentional restraint or detention of another without just cause.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.