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| | False imprisonment - Wikipedia, the free encyclopedia |
 | | False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. | | | In common law countries, the writ of habeas corpus is a legal means in which an inmate can petition a court to gain his freedom on the basis of false imprisonment; systems with different names but fulfilling the same functions are in place in most civil law countries. | | | Some examples would be an elderly patient in a retirement home being illegally restrained to a wheelchair or a person held in jail or prison for a crime they did not commit. |
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http://en.wikipedia.org/wiki/Wrongful_incarceration
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| | For the foregoing reasons, the decision of the Court of Appeals that plaintiff's claims for false imprisonment and assault are barred by the statute of limitations is reversed, and this case is remanded to the Court of Appeals for further remand to the superior court for trial of the remaining viable claims. | | | In those cases, the Court of Appeals merely held that the assault and false imprisonment claims were barred by the one-year statute, N.C.G.S. The court's opinion in neither case indicates whether the applicability of N.C.G.S. 1-52(13) to claims for assault and false imprisonment by a public officer was argued. | | | False arrest is a form of false imprisonment. |
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http://www.ibiblio.org/pub/docs/nc-supreme-court/jul3093/valencourt
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| | Section 565-130 False imprisonment. |
| | False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class D felony. | | | A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty. |
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http://www.moga.state.mo.us/statutes/C500-599/5650000130.HTM
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| | 3.14 FALSE IMPRISONMENT (FALSE ARREST) |
| | The malicious filing of a false complaint which causes the issuance of a warrant upon which one is arrest does not give rise to a cause of action for false imprisonment. | | | It is a complete defense, however, to a claim of false imprisonment if the defendant restrained or arrested the plaintiff with legal authority or justification. | | | Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in the brief are stated in the opinion at p. |
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http://www.judiciary.state.nj.us/civil/charges/314b.htm
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| | Police Liability for False Arrest, False Imprisonment and Malicious Prosecution |
| | When a detention is predicated upon no process, false imprisonment is an available remedy and liability depends on whether such detention without supporting process was legally authorized under the circumstances. | | | A false imprisonment claim under ' 1983 is based on the protections of the Fourteenth Amendment against deprivations of liberty without due process of law as well as the Fourth Amendment’s prohibition on unreasonable seizures. | | | An action for false arrest can be supported when there has been an arrest pursuant to a warrant or when an arrest is made without a warrant. |
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http://www.grsmb.com/CM/Articles/Articles40.asp
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| | "False Imprisonment" Defined & Explained |
| | FALSE IMPRISONMENT - Any intentional detention of the person of another not authorized by law is false imprisonment. | | | A false imprisonment action may also be maintained if 'the defendant unlawfully detains the [plaintiff] for an unreasonable period of time' after an otherwise legal seizure or arrest. | | | Under California law, false imprisonment is the 'nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.' Fermino v. |
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http://www.lectlaw.com/def/f082.htm
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| | JOHNSON v. WEINER, FL SC, Nov. 17, 1944 |
| | To be civilly liable for false imprisonment, one must have personally and actively participated therein directly or by indirect procurement, and all those who, by direct or indirect procurement, personally participate in or proximately cause the false imprisonment and unlawful detention are liable. | | | If the imprisonment is under legal authority it may be malicious but it cannot be false. | | | prosecution will lie, and one for which false imprisonment will lie, is that ill the former the detention is malicious but under the due forms of law, whereas in the latter, the detention is without color of legal authority. |
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http://www.forerunner.com/fyi/law/raney-v-aw/reference/johnson.html
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| | State v. Brownell, A-01-545, 11 Neb. App. 68 |
| | The hearing, held on April 26, presented issues to the court of whether second degree false imprisonment is a lesser-included offense of first degree false imprisonment and whether the procedure used in the instant case comported with the due process requirements of the U.S. and Nebraska Constitutions. | | | On appeal, Brownell contends that the district court erred in concluding that second degree false imprisonment is a lesser-included offense of first degree false imprisonment and that the evidence was insufficient to support his conviction of second degree false imprisonment. | | | Further, the offense of first degree false imprisonment requires that this restraint be either under terrorizing circumstances, under circumstances which expose the person to the risk of serious bodily injury, or with the intent to hold the individual in a condition of involuntary servitude. |
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http://www.nol.org/home/ncpa/ctopinio/A01-545.htm
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| | OSCN Found Document:ALSUP v. SKAGGS DRUG CTR. |
| | Where one is imprisoned without authority of law the presumption arises that the imprisonment is unlawful. | | | All who by direct act or indirect procurement, personally participated in, or proximately cause the false imprisonment or unlawful detention of another, are liable therefor. | | | Upon trial in the municipal court plaintiff was acquitted. |
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http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=58234
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| | False imprisonment |
| | The District Court of Appeal of Florida ruled there was deceit and coercion of this patient by the nurse, and a civil suit was brought against the psychiatric nurse for false imprisonment of this woman. | | | She was kept under restraint at the facility for two days against her will and was discharged only because she refused to sign a form authorizing her health insurance to pay for her admission and for the facility’s psychiatrist’s consulting services. | | | If a person refuses to sign a hospital’s voluntary admission form and is physically prevented from leaving, and then does sign an agreement form consenting to voluntary admission, this could be considered false imprisonment. |
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http://or.essortment.com/falseimprisonme_rmol.htm
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| | False imprisonment - Bramon v. U-Haul, Inc., 945 S.W.2d 676 (Mo.App. E.D. 1997) |
| | In their second point on appeal, plaintiffs contend that the trial court erred in granting judgment on the pleadings as to the count for false imprisonment because the amended petition sufficiently stated a claim for false imprisonment because all the elements for false imprisonment were stated in the amended petition. | | | Plaintiffs use broad and inclusive language such as "the cause of action for false imprisonment," but never specifically direct their argument to the issue of punitive damages. | | | In affirming, the supreme court recognized that negligent conduct which results in confinement of sufficient consequence constitutes the actual damage required to maintain a negligence action and is a sufficient basis for imposing liability. |
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http://biotech.law.lsu.edu/cases/mo/Intentional_torts/Bramon_v_U-Haul_FI.htm
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| | False Imprisonment |
| | [Held: in action for false arrest evidence presented jury question with respect to issue of plaintiff’s intent; and that in action for malicious prosecution whether defendant relied in good faith on advice of a deputy district attorney and an Assistant Attorney General in instituting criminal proceedings against plaintiff presented question for jury.] |
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http://www.mcadlaw.com/false_imprisonment.htm
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| | INTENTIONAL TORTS: FALSE IMPRISONMENT |
| | The question is usually whether the D's actions resulted in the P being "confined" or "restrained." Although "imprisonment" seems to imply stone walls, iron bars and unfashionable outfits, the tort of false imprisonment requires only confinement not incarceration. | | | Whether a person is legally "confined" is usually a question of fact. | | | What are the elements of false imprisonment as delineated in this case and in notes, page 65? |
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http://classes.washburnlaw.edu/smit/Coursemat/2002/torts/false.html
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | False imprisonment is the unlawful violation of the personal liberty of another. | | | (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. | | | Find a Lawyer: Our free service locates Bankruptcy, Criminal, DUI, Family, Immigration, Personal Injury, Real Estate, or Trademark lawyers in your area who can help you with your legal issues. |
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http://caselaw.lp.findlaw.com/cacodes/pen/236-237.html
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| | Louisiana False Imprisonment Law |
| | LA R.S. False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority. | | | Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both. |
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http://www.babcockfirm.com/statutes/falseimprisonment.html
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| | LawKT.com: Law Firm Publications on False Imprisonment |
| | The court refused to dismiss the passenger's state law claims for false imprisonment, malicious prosecution, and tortious interference with economic advantage. | | | Mr Al-Fayed brought an action for false imprisonment, and at the disclosure stage the legal advisers to the Commissioner of Police for the Metropolis disclosed by mistake privileged opinions they had obtained from counsel about the arrest. |
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http://www.lawkt.com/pubs/False_Imprisonment.html
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| | MCJI Chapter 116 |
| | False imprisonment is the unlawful restraint of an individual’s personal liberty or freedom of movement. | | | The restraint necessary to create liability for false imprisonment may be imposed either by actual physical force or by an express or implied threat of force. | | | An arrest is lawful if defendant made such arrest pursuant to a warrant naming [name of plaintiff], and did not act in bad faith. |
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http://courts.michigan.gov/mcji/intentional-torts/printCh116.htm
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| | SurfWax: News, Reviews and Articles On False Imprisonment |
| | Valerga was not required to be in court because the charges are misdemeanors. | | | Patel, of Willesden Green, north-west London, was found guilty of grievous bodily harm with intent and false imprisonment, at Harrow Crown Court. | | | Campbell was charged with false imprisonment and criminal restraint. |
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http://www.lawkt.com/files/False_Imprisonment.html
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| | Shoplifting, False Arrest, security consultant, Chris McGoey, shoplifting security expert |
| | Many states have enacted legislation to protect the merchant from such false arrest claims by allowing the store to make "investigative detentions" of a customer suspected of shoplifting. | | | Remember, state law may not require this high degree of care for criminal prosecution. | | | In the United States, citizens value their civil liberties and constitutional rights and don't appreciate submitting to unlawful seizure and search. |
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http://www.crimedoctor.com/shoplifting3.htm
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| | Authorities sought a false imprisonment charge in case |
| | Authorities sought a false imprisonment charge in case | | | While the Los Angeles Lakers guard was charged only with sexual assault, the July 3 arrest warrant said there was ''probable cause'' Bryant was also guilty of false imprisonment, a misdemeanor punishable by up to a year in jail. | | | DENVER - Authorities looking to arrest Kobe Bryant on a sexual assault charge also wanted to charge him with false imprisonment, according to a copy of the arrest warrant unsealed Wednesday. |
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http://aspendailynews.com/Search_Articles/view_article.cfm?OrderNumber=6336
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| | Vermont False Imprisonment Attorneys - Falsely Imprisoned Victim - Vermont Attorneys - O'Neill, Kellner & Green |
| | Vermont False Imprisonment Lawyers Disclaimer: The Vermont false imprisonment, falsely imprisoned, held captive, serious injury and/or other legal information offered herein by O'Neill, Kellner and Green, Vermont Attorneys, is not formal legal advice nor the formation of an attorney client relationship. | | | Any results set forth here were dependent on the facts of that case and the results will differ from case to case. | | | Please contact a Vermont False Imprisonment Lawyer at one of our Vermont law offices. |
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http://www.okglawyers.com/stores/484/false_imprisonment.cfm
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| | False Imprisonment and Unlawful Sexual Intercourse |
| | On the scheduled Sentencing date, Habr failed to appear and a $500,000 arrest warrant was issued for Habr arrest for False Imprisonment and Unlawful Sexual Intercourse. | | | After a Preliminary Hearing, the suspect agreed to a guilty plea in exchange for lesser charges. |
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http://www.ci.redwood-city.ca.us/police/habr.html
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| | false imprisonment - legal definition |
| | False imprisonment is a misdemeanor and a tort (a civil wrong). | | | These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect. | | | People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). |
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http://www.nolo.com/definition.cfm/term/11865EE4-8734-4565-863B06B64AE7E727
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| | Kidnapping and False Imprisonment in Georgia, Ga felony penalty |
| | False imprisonment is a felony for which you could receive up to 10 years in prison. | | | If you violate the personal liberty of another person by arresting, confining, or detaining that person without legal authority, you have committed the crime of false imprisonment. | | | Kidnapping and False Imprisonment in Georgia, Ga felony penalty |
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http://www.georgiadefenders.com/assault.kidnapping.htm
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| | Failure Of Biometrics ID System Leads To False Imprisonment, Lawsuit--Ummah.comGeneral |
| | At San Jose Superior Court today (11 May) biometrics company Identix will seek to have a product liability and slander lawsuit against it and the States of California and Oregon dismissed. | | | Failure Of Biometrics ID System Leads To False Imprisonment, Lawsuit | | | Failure Of Biometrics ID System Leads To False Imprisonment, Lawsuit--Ummah.comGeneral |
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http://www.ummah.net/forum/showthread.php?t=37894
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| | CBS 5: Oakland Officer Accused Of False Imprisonment |
| | The charges against Officer Richard Valerga, 51, which were filed on Wednesday, are the result of a joint, three-month investigation conducted by Oakland police and the district attorney's office. | | | CBS 5: Oakland Officer Accused Of False Imprisonment | | | Valerga will remain on administrative leave for the duration of the criminal case and the administrative investigation. |
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http://cbs5.com/topstories/local_story_239012013.html
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| | Section 565-140 Defenses to false imprisonment. |
| | A person does not commit false imprisonment under section 565.130 if the person restrained is a child under the age of seventeen and | | | The defendant shall have the burden of injecting the issue of a defense under this section. |
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http://www.moga.state.mo.us/statutes/C500-599/5650000140.HTM
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| | Minnesota Statutes 2004, 609.255 |
| | If the confinement or restraint results in substantial bodily harm, that person may be sentenced to imprisonment for not more than five years or to payment of not more than $10,000, or both. | | | HIST: 1963 c 753 art 1 s 609.255; 1983 c 217 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 655 s 1; 1989 c 290 art 6 s 12 |
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http://www.revisor.leg.state.mn.us/stats/609/255.html
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| | Louisiana False Imprisonment; Offender Armed with Dangerous Weapon |
| | Whoever commits the crime of false imprisonment while armed with a dangerous weapon shall be imprisoned, with or without hard labor, for not more than ten years. | | | LA R.S. False imprisonment while armed with a dangerous weapon is the unlawful intentional confinement or detention of another while the offender is armed with a dangerous weapon. | | | Louisiana False Imprisonment; Offender Armed with Dangerous Weapon |
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http://www.babcockfirm.com/statutes/falseimprisonmentweapon.html
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| | Scientology Policy on False Imprisonment |
| | Birgitta Dagnell describes being imprisoned on the RPF in Denmark, including freezing conditions and inhumane food supplies; she states that there were 82 people in the RPF when she was there | | | Hana Whitfield describes in detail her lengthy imprisonment in the RPF. | | | Michael Pattinson’s notarized statement describes being held against his will in Clearwater and on the "Freewinds" ship in attempts to extort money from him. |
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http://www.scientology-lies.com/imprisonment.html
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| | Pasco: Man held on drug, false imprisonment charges |
| | He also faces a false imprisonment charge after he is found with a woman in a motel room. | | | He was taken to the Land O'Lakes jail and faces charges of false imprisonment, robbery, battery, possession of cocaine, possession of drug paraphernalia and possession of controlled substances. | | | Pasco: Man held on drug, false imprisonment charges |
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http://www.sptimes.com/2002/08/13/Pasco/Man_held_on_drug__fal.shtml
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| | Shoplifting, Detention Arrest, security consultant, Chris McGoey, shoplifting security expert |
| | Before detaining anyone, you must establish Shoplifting Probable Cause. | | | To establish a solid base for probable cause and prevent false arrest claims, there are six universally accepted steps that a merchant should follow before deciding to stop someone suspected of shoplifting: | | | You must see the shoplifter approach your merchandise |
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http://www.crimedoctor.com/shoplifting2.htm
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| | WOWT False Imprisonment Arrest |
| | An Omaha man is in custody facing charges ranging from false imprisonment to drug manufacturing after police defused a potential hostage situation Tuesday evening. | | | Investigators then found evidence of narcotics manufacturing inside the home and Harshbarger was taken to Police Headquarters and booked. | | | Imprisonment, Terroristic Threats, Manufacturing Cannabis and Manufacturing Methamphetamine. |
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http://www.wowt.com/news/headlines/1308266.html
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