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 Imprisonment For Tort In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Defenses to False Imprisonment: the defendant intended to confine the plaintiff; the plaintiff was conscious of the confinement; the plaintiff did not consent to the confinement; and. the confinement was not otherwise privileged.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
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.
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.
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.
Some intentional torts can also be criminal. For example, if a person batters someone and causes them harm, this is also a criminal act and the person can be arrested and sued at the same time.
More info
A false arrest is one way of committing false imprisonment. To prove false arrest, a person must prove three elements.The maximum sentence is four years if the victim was : Civil court can provide for legal remedies, such as monetary damages, and equitable remedies, including injunctions. The imprisonment may occur through physical restraints or confinement. Any unlawful detainment could be false imprisonment. False imprisonment is a felony that carries a sentence of 16 months, 2 years, or 3 years in a California state jail. If you were charged with a crime, you can file a motion to exclude evidence obtained from the false arrest. Trespass: Trespass means intentionally coming onto someone else's property without permission. Trespass: Trespass means intentionally coming onto someone else's property without permission.