What is False Imprisonment?

False imprisonment is the wrongful detention of a person without that persons consent. The detention does not have to involve physical force.

What Actions Constitute False Imprisonment?

It can involve a threat of physical force or the apprehension of harm for failure to remain in a specific location. The key aspect is that the detained individual must reasonably believe that she cannot leave the detention without unjust repercussions.

• Note: The detention area must be relatively defined.
• Example: This situation often arises when an agent of a retail establishment detains a suspected shoplifter. If the individual is not actually a shoplifter, the detention is wrongful and can constitute false imprisonment.