This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With Law In Illinois
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Multi-State
Control #:
US-000280
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FAQ
Establishing Liability for False Imprisonment Intent to confine – Intent to confine means the defendant intentionally confined you by threats of violence, physical restraint, deceit, or another intentional act. No legal authority to detain – A person must have the legal authority to detain someone.
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.
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.
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.
Illinois' false claims act states that if you make a false accusation about someone that you know is false, you could be in legal trouble. These false claims fall into the same area as perjury. Perjury is a Class 3 felony, which means that you could be looking at severe penalties.
If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or ...
To state a claim of malicious prosecution, a plaintiff must allege facts showing: (1) the defendant's commencement or continuation of an original criminal or civil proceeding; (2) the termination of the proceeding in the plaintiff's favor; (3) the absence of probable cause for the proceeding; (4) the defendant's malice ...
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
(b)Responding to Counterclaims. Answers to and motions directed against counterclaims shall be filed by parties already before the court within 21 days after the last day allowed for the filing of the counterclaim.