Torts Notes - False Imprisonment

People have freedom of movement, the right to "go freely through the world" and the "right not to be confined against one's will."

False imprisonment:  he acts intending to confine the other or a third person within boundaries fixed by the actor and his act directly or indirectly results in such confinement of the other and the other is conscious of the confinement or is harmed by it.

False imprisonment is an intentional tort.  It requires intent.  Carelessness is not enough. 

The defendant must have acted with a purpose to cause the confinement, or with substantial certainty that his acts will cause it.  One may act deliberately, but not intentionally. 

The defendant's intentional act must cause confinement of the plaintiff.

The restraint may be by means of physical barriers, or by threats of force which intimidate the plaintiff into compliance with orders.  It is sufficient that he submits to an apprehension of force reasonably to be understood from the conduct of the defendant, although no force is uded or even expressly threatened.

An actor can confine the plaintiff by confiscating significant items of personal property, or by other threats that would cause a reasonable person to submit to confinement.  "Coercion through seizure of personal property".

The plaintiff generally need not show any physical injury or other damage in order to recover for false imprisonment.  The damages need not be proved unless the plaintiff was aware of the confinement.

Privileges can be asserted in a false imprisonment case.

1.  Consent.
2.  Privilege to detain
3.  Privilege to arrest

The tort of false imprisonment is sometimes referred to as applying to a confinement without lawful privilege

Some courts recognize a privilege to detain a person to investigate theft.  This privelege is often referred to as "shopkeeper's privilege".

"One who reasonably believes that another has tortiously taken a chattel upon his premises, or has failed to make due cash payment for a chattel purchased or service rendered there, is privileged, without arresting the other, to detain him on the premises for the time necessary for a reasonable investigation of the facts."

In many circumstances, there is a privilege to arrest a person based upon a warrant or reasonable suspiciion that the person has committed a crime.  But where the privilege does not apply, an arrest constitutes actionable false imprisonment.

The plaintiff is not required to have taken a means of escape "if the circumstances are such as to make it offensive to a reasonable sense of decency or personal dignity."

No true consent to detention can be claimed if the consent is given under duress.

Intentional tortfeasors are generally liable for the consequences of their deliberately tortious behavior, even unexpected consequences.  "take the plaintiff as you find him."

People can use self-defense to prevent false-imprisonment.

Actors must act based on reasonable appearances.

It is possible to approve infliction of minor bodily harm, or false imprisonment in order to avoid a greater harm.