If someone locks you in a room against your will, can you sue them? The short answer is ‘yes’. The long answer, of course, is ‘it depends’. Let’s look at false imprisonment.
False imprisonment occurs when a person restricts another’s movement without lawful authority. To show false imprisonment, you need to prove two things:
- the fact of imprisonment; and
- no lawful authority for the imprisonment
Normally, you find people bringing false imprisonment claims against the State. However, it’s applicable to ordinary citizens as well.
What constitutes ‘imprisonment’?
Imprisonment in this sense, doesn’t necessarily mean locked up in a jail cell. Restricting a person’s movements is enough. Therefore, when someone uses actual or threatened violence to keep a person in a particular place, that is ‘imprisonment’. Now, this isn’t the same as a partial restriction. A roadblock that forces you to turn around or go in another direction is not ‘imprisonment’.
How long do you have to be detained?
Well, a few seconds is enough…but that will be reflected in the amount of damages the court awards. You don’t even need to know that you’ve been imprisoned at the time. False imprisonment is ‘actionable per se’ i.e. you are not required to show that you suffered damage from the detention. This tort is about the principle – the liberty of the individual is sacrosanct.
Lawful authority
This is a strict liability tort. This means that it doesn’t matter if the defendant thought he had the legal authority to detain you. Since he didn’t actually have that authority, he is liable. The flip side, is that there’s no false imprisonment if the person is legally authorised to detain you – for example, if you are lawfully arrested or sentenced to jail.
Disclaimer: This article is for information purposes only. If you have a legal issue, please consult a qualified attorney.
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