False Imprisonment
False imprisonment is an intentional tort involving unlawful restraint of a person against their will within bounded boundaries through physical barriers, force, threats, or other coercive means.
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Exam Tip
Bounded area in ALL directions required. Shopkeeper's Privilege = Reasonable time + Reasonable manner.
What is False Imprisonment?
False imprisonment is intentional confinement within boundaries against plaintiff's will.
Essential Elements (CACI 1400)
| Element | Description |
|---|---|
| Intent | Intentionally confined |
| Confinement | Restraint within bounded area |
| Against Will | No consent |
| Awareness | Conscious of confinement OR harmed |
Methods
- Physical barriers
- Physical force
- Threats
- Invalid legal authority
- Duress
- Fraud
Shopkeeper's Privilege
Reasonable detention for reasonable time for suspected shoplifting.