Torts

False Imprisonment

Definition

False imprisonment is an intentional tort that occurs when the defendant unlawfully confines the plaintiff within fixed boundaries without consent and without legal authority. The confinement may be accomplished by physical barriers, physical force, threats, or the assertion of legal authority. The plaintiff must be aware of the confinement or harmed by it. There must be no reasonable means of escape of which the plaintiff is aware.

Example

A store security guard locks a shopper in a back room for three hours on suspicion of shoplifting. If there is no legal privilege and the confinement is unreasonable, this is false imprisonment.

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