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3.13-3 False Imprisonment
Revised to January 1, 2008
False imprisonment is the unlawful
restraint by one person of the physical liberty of another. Restraint means
the confinement of another person within boundaries fixed by the person
imposing the confinement. Any period of such restraint, however brief in
duration, is sufficient to constitute a basis for liability.
To prevail on a claim of false
imprisonment, the plaintiff must prove that (his/her) physical liberty has
been restrained by the defendant and that the restraint was against
(his/her) will, that is, that (he/she) did not consent to the restraint or
acquiesce in it willingly.
The plaintiff must additionally
prove that the defendant acted with the purpose of imposing a confinement or
with knowledge that such confinement would, to a substantial certainty,
result from it.
The plaintiff must finally prove
either that (he/she) was conscious of the confinement when it occurred or
that (he/she) was harmed by the confinement.
Authority
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