False Imprisonment: A Civil Wrong That’s Also a Crime
When you think of false imprisonment, you might picture a police officer unlawfully arresting someone. While that’s one example, it only scratches the surface. False imprisonment is simply holding someone against their will, and it doesn’t have to involve law enforcement. Anyone can be the perpetrator, and anyone can be the victim—whether or not a crime is involved.
False imprisonment is both a civil tort, i.e., civil wrong, and a crime. In a civil court, the plaintiff must demonstrate the following:
- That someone willfully restrained, detained, or confined him or her
- Without his or her consent
- That the detention was unlawful
In a criminal prosecution, the prosecutor must prove the same things. The only real differences between the civil suit and the criminal prosecution are the burden of proof and the penalties.
In a civil false imprisonment case, the plaintiff must prove their case by a preponderance of the evidence—meaning it’s more likely than not (over 50%) that their claim is accurate. In a criminal false imprisonment case, however, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. If the plaintiff wins a civil suit, the defendant typically owes compensation for both economic and non-economic damages. In a criminal conviction, the defendant may face prison time, fines, and possibly restitution to the victim.
Use of Force
Many false imprisonment situations include the perpetrator using force against the victim. Although, the use of force is not an element of false imprisonment, either civilly or criminally. The threat of injury to the victim is sufficient if he or she feels threatened. Nor must the threat be of immediate harm or even to the victim. A threat to harm the victim’s family in the future unless they comply with the perpetrator’s false imprisonment is sufficient.
False Imprisonment Examples
Examples of false imprisonment include the following:
- A bank robber with a gun screams at customers to lie on the floor or they will shoot them
- A husband grabs his wife by her shoulders during an argument, thus preventing her from leaving the room
- A law enforcement officer places a suspect in handcuffs without an arrest warrant and where the officer has no reasonable suspicion that the suspect will harm them unless so restrained
- Someone locks someone else in a room absent their consent
- A store security guard detains a suspected shoplifter for an unreasonable length of time
- An employer suspects an employee of theft or other illegal activity and detains them for an unreasonable length of time
- A driver automatically locks their vehicle’s doors with the intent of preventing the passengers from being able to get out
- Someone blocks the only exit from a room so that the other person cannot leave when they want to
Examples of What’s Not False Imprisonment
Examples of situations that do not rise to the level of false imprisonment include the following:
- A law enforcement officer legally arrests you and takes you to jail. However, you’re later acquitted of the crime with which you were charged
- A store owner or one of his or her employees or security guards sees you concealing something in your pocket or purse, hustles you into a back room, and questions you for a reasonable amount of time
- Someone grabs your arm and tells you to stay where you are. You know you can squirm out of their grasp and they will not retaliate against you if and when you do
- Someone closes or even locks a home’s front door and tells you not to leave. However, you know you can exit through an unlocked side or back door
Filing a Civil False Imprisonment Lawsuit
You have the right to sue anyone, including a law enforcement officer, who falsely imprisons you. Generally, false imprisonment lawsuits represent a species of personal injury lawsuits. If you sue a law enforcement officer, however, you have the option of filing a Section 1983 suit against him or her.
Section 1983 suits get their name from the federal statute from which they derive, i.e., Title 42 of the U.S. Code, Section 1983. In these types of suits, you are alleging that a law enforcement or other government official violated your constitutionally-protected civil rights “under color of law.”
“Under color of law” is a legal term of art that refers to an act that has the appearance, pretense or semblance of a legal right, but that in actuality runs afoul of the law. For example, a law enforcement officer arrests you without having probable cause or a valid warrant to do so.
False Imprisonment Defenses
If someone accuses you, either civilly or criminally, of falsely imprisoning someone, you have several defenses available to you, such as the person’s voluntary consent to the confinement; your shopkeeper’s privilege; your police privilege, or your right to make a citizen’s arrest under appropriate circumstances.
Why You Need a Lawyer
Whether you are someone who believes yourself to have been the victim of false imprisonment or someone who has been accused of committing false imprisonment in either a civil or criminal court, you need an experienced attorney who will aggressively advocate for you.
Naturally, the type of attorney you need depends on the specific situation you find yourself in and the type of legal representation you require because of it. If you desire to file a false imprisonment lawsuit, you likely should consult a personal injury attorney. If you wish to file a Section 1983 lawsuit, you probably should consult with a civil rights attorney. Or, if you face criminal false imprisonment charges, consider speaking with a criminal defense attorney instead.
Work With an Experienced Local Lawyer
Submit a request online today or call us at (866) 345-6784 to get in touch with an experienced personal injury, civil rights, or criminal defense lawyer in your area.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
