Complaint False Imprisonment With Case Law In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-000280
Format:
Word; 
Rich Text
Instant download

Description

The Complaint for false imprisonment, specifically within the context of case law in Phoenix, is a legal document filed in the United States District Court. It serves as a formal complaint by a plaintiff against a defendant, alleging wrongful acts that resulted in the plaintiff's false arrest and emotional distress. Key features of this form include the outline of the parties involved, the specific incidents leading to the complaint, and a clear request for compensatory and punitive damages. Attorneys and legal practitioners can utilize this form to effectively articulate claims related to false imprisonment, making it essential for building a robust case with relevant exhibits. The instructions for filling out the form emphasize the necessity of detailing every accusation and the consequences suffered by the plaintiff. Use cases are particularly relevant for legal professionals representing clients who have experienced wrongful arrests in Arizona, allowing them to seek redress through the court system. This form is crucial for partners, associates, and paralegals to streamline the litigation process and advocate effectively for clients' rights, ensuring compliance with local legal standards.
Free preview
  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand
  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

Form popularity

FAQ

False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment.

Unlawful Imprisonment, as mentioned, is a serious offense. Arizona law considers the crime a class 6 felony, meaning, if convicted, the accused faces at least a year in state prison. First time offenders sentenced to incarceration usually receive a one-year sentence, actually spending six months in prison.

False imprisonment by fraud or deceit consists of curtailing someone else's liberty by lying to them. The fraud or deceit must be intentional. For instance, if you tell a co-worker to stay in his office due to a bomb threat, believing it to be true, you haven't committed false imprisonment even if you are mistaken.

To prove a prima facie case of false imprisonment, the following elements need demonstration: An act that completely confines a plaintiff within fixed boundaries. An intention to confine. Defendant is responsible for or the cause of the confinement.

Examples of false imprisonment may include: A person locking another person in a room without their permission. A person grabbing onto another person without their consent, and holding them so that they cannot leave.

False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment.

False Imprisonment vs. Assault: Assault involves a threat of bodily harm coupled with an apparent, present ability to cause the harm, creating a reasonable fear in the victim. On the other hand, false imprisonment focuses on the unlawful restriction of a person's freedom of movement.

A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.

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.

Trusted and secure by over 3 million people of the world’s leading companies

Complaint False Imprisonment With Case Law In Phoenix