New York Civil Rights And Criminal Defense Lawyers

What are the elements of a false imprisonment claim?

False imprisonment refers to the act of unlawfully confining someone. This could have to do with unlawful police detention, though it generally refers to the use of threat or authority to detain someone without legal cause.

Here are the three elements that must be present in order for a plaintiff to prove that he or she was falsely imprisoned:

— The detention of the individual in question was willful taken by the party that detained him or her.

— The detention took place without the individual’s consent.

— The detention happened unlawfully.

False imprisonment can happen in a lot of different ways, though it always involves the unlawful confinement of an individual against his or her will. Restraint could happen through physical force or a physical barrier (like being locked in a room or car. It could also happen through unreasonable duress, for example, by detaining someone under threat of violence or some other consequence. In order to prevail in a false imprisonment claim, plaintiffs must also show that the individual or party that was confining them actually intended to confine them.

Here are some ways that false imprisonment might present itself:

— Someone being unlawfully locked in a room.

— Someone being made to stay in a location by holding things of value to that person.

— Someone being physically restrained and made to stay in one location.

— Someone who is unreasonably detained by a store owner or security guard.

— Someone who is unreasonably detained for questioning after being suspected of theft.

— Someone being medicated without consent or under threat.

Were you falsely imprisoned in New York? You may have the ability to pursue legal claims for damages relating to your imprisonment. By consulting with a personal injury attorney that handles civil rights matters and prisoners’ rights matters, you may be able to make a false imprisonment claim to assert your rights in court.

Source: FindLaw, “False imprisonment,” accessed Dec. 09, 2016