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.
False Arrest Detention Or Imprisonment Is A Form Of In Kings
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State:
Multi-State
County:
Kings
Control #:
US-000280
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FAQ
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort.
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.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
§ 11.404 False imprisonment. A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.
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.
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.
§ 11.404 False imprisonment. A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.