False Imprisonment occurs when a person (who doesn’t have legal authority or justification) intentionally retains another person’s ability to move freely.
Any person who intentionally restricts another’s freedom of movement without their consent may be liable for false imprisonment, which is both a crime and civil wrong. It can occur in a room, on the streets, or even in a moving vehicle.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present:
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- There was a willful detention
- The detention was without consent and
- The detention was unlawful.