Massachusetts Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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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.

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FAQ

Physically restraining a person from leaving an area. Locking the doors of a room to prevent escape. Store owner detaining a suspected theft for an unreasonable amount of time. A robber enters a store, waves his gun and tells people not to leave.

False imprisonment is the act of restraining a person against his/her will in a bounded area without any justification. False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority.

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.

This statute provides as follows: "In an action for false arrest or false imprisonment brought by any person by reason of having been detained for questioning on or in the immediate vicinity of the premises of a merchant, if such person was detained in a reasonable manner and for not more than a reasonable length of ...

Elements of the crime intentionally detained, restrained, or confined another person; the restraint made the victim stay or go somewhere for a period of time; victim did not give their consent and was harmed; the conduct was a significant factor in causing victim's harm.

Many jurisdictions distinguish false arrest from false imprisonment by defining false arrest as a situation where the arresting party has an asserted legal authority to make arrests. On the other hand, in these jurisdictions, false imprisonment can be perpetrated by anyone regardless of a claim of authority.

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Massachusetts Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand