Definition

Noun: 1. A legal tort involving the unlawful restraint of a person's freedom of movement: The act of intentionally confining or detaining an individual without legal justification or their consent. It is a civil wrong (tort) and can also be a crime.

Usage

• This term is primarily used in legal contexts to describe a specific wrongful act.
• It refers to the confinement itself, not necessarily within a prison; it can occur in any location (e.g., a room, a vehicle, a street).
• The confinement must be total and against the person's will. Merely blocking one path while others are available typically does not constitute false imprisonment.

Examples

• Noun:
  • The store manager was sued for false imprisonment after detaining a customer suspected of shoplifting without proper cause.
  • A claim of false imprisonment can arise if someone is locked in a building without their permission and no means of escape.

Advanced Usage

• Elements of the tort: To prove false imprisonment, one typically must show: 1) an act of restraint, 2) intent to restrain, and 3) resulting confinement. Lack of lawful authority is a key factor.
• Defenses: Common legal defenses against a claim of false imprisonment include having legal authority (e.g., a lawful arrest by police) or the person's valid consent to the restraint.

Variants and Related Words

• False arrest (n): A specific type of false imprisonment involving detention under the asserted authority of law, such as an unlawful arrest.
• Imprisonment (n): The state of being imprisoned; confinement. (Note: "Imprisonment" alone can be lawful or unlawful).
• Unlawful detention (n): A phrase often used synonymously with false imprisonment.

Synonyms

• Wrongful confinement
• Unlawful imprisonment
• Illegal detention

Related Idioms/Phrases

(This legal term does not commonly feature in idiomatic expressions. Its usage is technical and literal.)

Noun

1. (law) confinement without legal authority