Summary
Section 35 defines false imprisonment as an act by the defendant that confines the plaintiff within boundaries fixed by the defendant, where the defendant intends to confine the plaintiff or a third person, and the plaintiff is conscious of the confinement or harmed by it. The confinement must be complete—blocking one path while leaving a reasonable alternative open does not constitute false imprisonment.
Confinement can be accomplished by physical barriers, physical force, threats of physical force, submission to an assertion of legal authority, or other duress. Moral pressure or future threats are generally insufficient. The plaintiff must be aware of the confinement at the time (or suffer actual harm from it); one who is confined while unconscious and suffers no harm has no claim.
The tort protects the fundamental interest in freedom of movement. It applies not only to physical rooms and cells but to any bounded area from which the plaintiff has no reasonable means of escape.
Key Elements
- 1An act of confinement within boundaries set by the defendant
- 2Intent to confine the plaintiff or a third person
- 3Confinement must be complete with no reasonable means of escape
- 4Plaintiff must be conscious of the confinement or harmed by it
- 5Confinement may be by physical barriers, force, threats, or asserted legal authority
Practical Application
False imprisonment claims arise in retail settings (shoplifting detentions), employment contexts (employees confined to rooms during interrogations), law enforcement (unlawful detentions and arrests), and healthcare (involuntary confinements). Many states have shopkeeper’s privilege statutes that provide a limited defense to retailers who detain suspected shoplifters in a reasonable manner.
Exam Relevance
Look for the completeness of confinement—if there is a reasonable avenue of escape, there is no false imprisonment. Also test awareness: a plaintiff locked in a room while sleeping who is released before waking and suffers no harm has no claim. Distinguish from criminal false imprisonment, which may have different elements.