False imprisonment is the detention of a person without any justification, consent, or authorization by law. It is any illegal imprisonment, without due process and without any regard as to whether any crime has been committed. Like assault, false imprisonment doesn’t require that any actual harm or damage be done to the plaintiff before a lawsuit can be brought.
The elements of false imprisonment are:
Action for damages in false imprisonment flows from the unlawful detention. A plaintiff who has suffered injuries can be compensated for:
The scope of damages recoverable is much more than what is already suffered. The general rule is that, in an action for personal torts, future damages to an injured person are an element of recovery.
To help determine if false imprisonment has occurred, consider the circumstances of the situation:
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