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 Force In King
Category:
State:
Multi-State
County:
King
Control #:
US-000280
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Word;
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FAQ
Terrill Swift of the Englewood Four was falsely imprisoned based on a false confession before being exonerated by DNA evidence. Bennie Starks, was prosecuted in Lake County for a rape for which he served over 20 years, even though DNA evidence established that he was innocent.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
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.
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.
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.
The Bottom Line: "False imprisonment is the intentional restraint or detention of another without just cause.
False imprisonment is the unlawful violation of the personal liberty of another. (Enacted 1872.)
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur.
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.
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False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. Count 3 of Plaintiffs' complaint alleges false arrest and imprisonment.The plaintiff in a false imprisonment action must prove that the defendant proximately caused the injuries for which the plaintiff seeks damages. Find out in what circumstances one can sue the detainee citizen and what makes the citizen's arrest unlawful. Here's what you can do. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter.