False Imprisonment

The term false imprisonment covers a broad range of situations, all of which involve the illegal confinement of a person, and can be pursued in court civilly and often criminally.

False imprisonment is defined as restraining or restricting a person's movement without the legal authority to do so. Physical restraint may or may not be used. Verbal threats or the intentional illusion of authority, making the person being held believe that he or she is not free to go, are enough to constitute false imprisonment.

Anyone who unlawfully holds a person against their will can be held liable for false imprisonment, including but not limited to:

• Police
• Government agencies
• Security guards
• Store owners and managers
• Place of employment
• Psychiatric facilities
• Psychiatrists
• Nursing homes
• Nursing home staff
• Medical facilities and their staff
• Individuals who make a "citizen's arrest"

False arrest and wrongful conviction

Simply being found innocent of a crime does not mean that you have a case for false imprisonment. In order for your incarceration to have been false or wrongful imprisonment, you must have been arrested or prosecuted without probable cause. If your conviction was overturned and it was found that you were a victim of malicious prosecution, than the time that you were in prison, jail, or otherwise confined would be false imprisonment. Probation or parole which limits your ability to legally leave a specified geographical area may also qualify as false imprisonment, under these conditions. If police detain you for too long without charging you with a crime, this is also false imprisonment.

Security guards and places of business

If you are suspected of shoplifting a security guard or store owner may detain you for a reasonable amount of time, but they must have probable cause. The way you look or dress is not probable cause. They must have seen you take and conceal an item, and leave the store without paying for it.

Place of employment

Similarly, your employer cannot detain you for questioning for an unreasonable amount of time, if he or she suspects that you have committed a crime such as theft.

Nursing homes, psychiatric facilities, and other medical facilities

Contrary to popular belief, a nursing home, psychiatric hospital, or medical facility cannot restrain, medicate or hold you without your consent or a court order. This includes physical restraints, threats, coercion, and chemical restraints (medications).

If you sign a voluntary consent form then you are not being held against your will, unless you sign the form because you are already being restrained or due to threats or coercion.

Citizen's arrest

Citizen's arrest is a very tricky area of law, and it varies greatly from state to state. In most cases if someone actually sees you committing a felony, they can detain you until the police arrive. I some states a person merely has to have a reasonable belief that you have committed a felony.

Lawsuits for false imprisonment often involve false arrest, malicious prosecution, wrongful conviction, excessive force, and sometimes wrongful death.

If you or a loved one has been the victim of false imprisonment, contact an experienced false imprisonment attorney today.