False Imprisonment in United States
False Imprisonment Definition
Any unlawful restraint of a man’s liberty, whether in a place made use of for imprisonment generally, or in one used only on the particular occasion, or by words and an array of force, without bolts or bars, in any locality whatever. 2 Bish. Crim. Law, § 669; 8 N. H. 550; 9 N. H. 491; 7 Humph. (Tenn.) 43; 12 Ark. 43; 7 Q. B. 742; 6 Vt. 588; 3 Blackf. (Ind.) 46; 9 Johns. (N. Y.) 117; 1 A. K. Marsh. (Ky.) 345. The characteristic of false imprisonment is the unlawfulness of the detention. If the person is detained under valid process, though it be erroneously or maliciously isFALSE JUDGMENT* sued, it is not false imprisonment. 58 Wis. 276; 17 Kan. 436.
False Imprisonment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| False Imprisonment | False Imprisonment in the World Legal Encyclopedia. |
| False Imprisonment | False Imprisonment in the European Legal Encyclopedia. |
| False Imprisonment | False Imprisonment in the Asian Legal Encyclopedia. |
| False Imprisonment | False Imprisonment in the UK Legal Encyclopedia. |
| False Imprisonment | False Imprisonment in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for False Imprisonment
Scan False Imprisonment in the appropriate area of law:
| Link | Description |
|---|---|
| False Imprisonment | False Imprisonment in the Family Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the IP Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Commercial Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Criminal Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Antritrust Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Tax Law Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| False Imprisonment | False Imprisonment in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| False Imprisonment in the Dictionaries | False Imprisonment in our legal dictionaries |
| http://lawi.us/false-imprisonment | The URI of False Imprisonment (more about URIs) |
| False Imprisonment related entries | Find related entries of False Imprisonment |
Legal Issue for Attorneys
Any unlawful restraint of a man’s liberty, whether in a place made use of for imprisonment generally, or in one used only on the particular occasion, or by words and an array of force, without bolts or bars, in any locality whatever. 2 Bish. Crim. Law, § 669; 8 N. H. 550; 9 N. H. 491; 7 Humph. (Tenn.) 43; 12 Ark. 43; 7 Q. B. 742; 6 Vt. 588; 3 Blackf. (Ind.) 46; 9 Johns. (N. Y.) 117; 1 A. K. Marsh. (Ky.) 345. The characteristic of false imprisonment is the unlawfulness of the detention. If the person is detained under valid process, though it be erroneously or maliciously isFALSE JUDGMENT* sued, it is not false imprisonment. 58 Wis. 276; 17 Kan. 436.
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Notice
This definition of False Imprisonment is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Practical Information
Note: Some of this information was last updated in 1982
The substantial restraint of a person’s freedom of movement, without authority of law and against that person’s will. Arresting the wrong person under a warrant (in U.S. law) is an example of false imprisonment. An action for damages (in U.S. law) may be brought against the offender.
What is False Imprisonment?
For a meaning of it, read False Imprisonment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to False Imprisonment.
Further Reading (Articles)
False Imprisonment. (U.S. Judicial Decisions), Security Management; January 1, 2003; Anderson, Teresa
False imprisonment/arrest., Corrections Caselaw Quarterly; November 1, 2002
“Double offense” problems in kidnapping and false imprisonment cases.(Florida), Florida Bar Journal; December 1, 2003; Sanders, Richard
MA: Is false imprisonment a malpractice claim? False imprisonment and distress–not malpractice.(Hospital Law Decisions of Note)(Case overview), Hospital Law’s Regan Report; June 1, 2007; Tammelleo, A. David
False Imprisonment, Security Management; September 1, 2000; Anderson, Teresa
ARREST SHEET MENTIONS 2ND CHARGE FALSE-IMPRISONMENT MISDEMEANOR COUNT WAS NOT PURSUED.(City Desk/Local), Rocky Mountain News (Denver, CO); August 7, 2003; Brennan, Charlie Lowe^, Peggy
‘Super Max jihadists’ may sue for false imprisonment, Hindustan Times (New Delhi, India); September 19, 2008
Man jailed after false imprisonment in Hopton., Bury Free Press (Bury St. Edmunds, England); April 27, 2012
Md. Court of Appeals rules life sentence for false imprisonment was not illegal – but misleading, The Daily Record (Baltimore); February 21, 2007; Ann W. Parks
Nurse sued employer & Dr. for assault/false imprisonment by Dr.(Nursing Law Case On Point)(Case overview), Nursing Law’s Regan Report; March 1, 2008; Tammelleo, A. David
Biberdorf v. Oregon.(FALSE IMPRISONMENT/ARREST)(Brief Article), Corrections Caselaw Quarterly; May 1, 2003
Man charged with false imprisonment, The Irish Times; May 17, 2010; OLIVIA KELLEHER
Bunyon v. Burke County.(violation of due process of law and false imprisonment)(Brief Article), Corrections Caselaw Quarterly; February 1, 200
BROTHERS CHARGED WITH CONSPIRACY, FALSE IMPRISONMENT, US Fed News Service, Including US State News; February 12, 2009
TX: Nurse Supervisor Blocks Exit with Chair: Terminated Nurse Sues for False Imprisonment.(Brief Article), Nursing Law’s Regan Report; April 1, 2001; Tammelleo, A. David
Two people appear in court to face false imprisonment charges ; Two males have appeared in court over allegations that two men were lured to a town centre flat before being assaulted by an armed gang., Cornishman, The; June 10, 2010
Shopkeeper immunity lets Nordstrom off the hook for false imprisonment, rules Baltimore County jury, The Daily Record (Baltimore); January 30, 2011; Danny Jacobs
‘Troubled Tommy’ charged anew: Carroll man with violent history faces assault, false-imprisonment counts., The Baltimore Sun (Baltimore, MD); April 5, 2007
SF sheriff pleads guilty to false imprisonment, AP Online; March 12, 2012; PAUL ELIAS
Sixth Circuit Finds False Imprisonment Settlement Payments Taxable, Journal of Accountancy; June 1, 2010; Adkins, Nell
False Imprisonment in State Statute Topics
Introduction to False Imprisonment (State statute topic)
The purpose of False Imprisonment is to provide a broad appreciation of the False Imprisonment legal topic. Select from the list of U.S. legal topics for information (other than False Imprisonment).
Cause of Action Against a Retail Store or Its Employees for False Imprisonment or False Arrest of Suspected Shoplifter: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action Against a Retail Store or Its Employees for False Imprisonment or False Arrest of Suspected Shoplifter, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Compensatory Damages for False Imprisonment
This section discusses gen
erally the subject of Compensatory Damages for False Imprisonment, how to determine the facts essential to Compensatory Damages for False Imprisonment, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Resources
Further Reading
- Information about False Imprisonment in the Gale Encyclopedia of American Law.
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