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An officer of the law makes a false arrest. Or a person was physically holding someone in place or preventing them from leaving. Countless other scenarios may be considered false imprisonment as long as the detention is without consent and is both willful and unlawful.
With the advent of DNA testing, Texas has discovered that it has imprisoned many innocent people. When the false imprisonment is due to violations of due process, victims have the right to bring a federal lawsuit. Jeff is one of the few lawyers in Texas to have successfully brought such a claim.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
False imprisonment involves restraining someone's freedom and preventing that person from moving. It is holding a person against his or her will, sometimes using violence or the threat of violence.
While falsely imprisoning someone is a criminal offense, it can also be brought in civil court to compensate the victim for any harm the perpetrator does.
False imprisonment involves restraining someone's freedom and preventing that person from moving. It is holding a person against his or her will, sometimes using violence or the threat of violence.