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False Imprisonment With Case Law In Salt Lake
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Multi-State
County:
Salt Lake
Control #:
US-000280
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FAQ
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.
The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's will ...
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.
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.
Unlawful detention and unlawful detention of a minor. a minor who is 14 or 15 years old. "Dependent adult" means the same as that term is defined in Section 76-5-111.
The Bottom Line: "False imprisonment is the intentional restraint or detention of another without just cause.
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 most common defense is consent. In other words, the victim voluntarily agreed to being confined.
False imprisonment is the unlawful violation of the personal liberty of another. (Enacted 1872.)