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.
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 Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
Any person who intentionally restricts another's freedom of movement without their consent may be liable for false imprisonment. False imprisonment is both a crime and a civil wrong, like other offenses, including assault and battery. It can occur in a room, on the streets, or even in a moving vehicle.
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.
Ing to New York Penal Law §135, false imprisonment occurs when an individual unlawfully restrains a person's movement without their consent in a way that restricts their freedom or prevents them from leaving.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
You can make a complaint about prisons and correctional facilities run by New York State by submitting a New York State Jail Complaint online to the NY State Department of Corrections and Community Supervision.
For complaints regarding a state prison or local jail, contact the state Inspector General's office or internal affairs unit that oversees the detaining agency. If you have a complaint about a U.S. Marshals Service detainee being held in a state prison or local jail, you may submit your complaint to the DOJ OIG.
Corrections officers are entitled to such rights as: Right to fair and just compensation, including employment benefits. Right to due process, especially if accused of policy violations.
Warden. Visitors may write to the Warden about any issue. Often the Warden's Office will forward the letter to some prison staff the Warden feels is best able to address the concerns raised.
631-852-COPS.