False Imprisonment: Definition, Charges, and Wrongful Convictions Examples 

False imprisonment is the deliberate act of restraining another person and confining that person to a restricted area without their consent and legal authority. It includes any bodily restraint and denial of personal liberty or freedom of movement of an individual without legal justification.

This can happen through physical barriers, such as locking someone in a room, or through specific verbal threats or intimidation, like threatening to harm the individual or their loved ones, that create a reasonable fear of harm if the individual attempts to leave.

False imprisonment is similar to false detention. However, unlawful detention occurs when a law enforcement agency or officer apprehends and confines another individual without any legal basis for denying their liberty or freedom of movement.

Although false imprisonment seems to share similarities with kidnapping, they are not the same. The main difference between false imprisonment and kidnapping is the element of movement. False imprisonment does not involve the victim's movement, while kidnapping often involves taking, moving, and confining the victim's movement. This distinction is crucial in understanding the legal implications of these acts.

This article will explain false imprisonment, its legal definition, and its key elements. It also highlights real-life examples of false imprisonment and wrongful convictions to provide practical insights.

What Is False Imprisonment?

False imprisonment is a legal term that describes the unlawful confinement of a person, effectively restricting their freedom of movement. This usually happens against the individual's will and without any legal justification. 

While this definition captures the main idea, the specifics of false imprisonment can vary slightly depending on the jurisdiction. For instance, in New York, the Penal Code defines false imprisonment as intentionally and unlawfully restricting someone's movement significantly. 

It's also essential to differentiate false imprisonment from false arrest. False arrest occurs when someone is detained, arrested, or charged with a crime without proper authority or evidence. In contrast, every false imprisonment definition must emphasize unauthorized confinement, which violates another individual’s civil rights.

What Does False Imprisonment Mean in Law?

False imprisonment is a civil wrong (tort) and a crime, which means it can be punished under criminal and tort law. In criminal law, false imprisonment can be classified as either a misdemeanor or a felony. This classification depends on the specific laws of the jurisdiction and the circumstances of the victim's experience. 

Under tort law, false imprisonment is considered an intentional tort. To prove this, the plaintiff must show that the defendant acted intentionally. This means the defendant aimed to cause a specific outcome. If the plaintiff can demonstrate that the defendant intended to restrict their freedom unlawfully, they may be entitled to monetary compensation for any damages suffered.

Is False Imprisonment a Felony?

False imprisonment can be charged as a misdemeanor or felony depending on factors like the use of force, threats, and the level of harm inflicted on the victim. It is a misdemeanor when an individual unlawfully confines another, whether or not they harm the victim physically.

In contrast, false imprisonment may be treated as a felony when it involves serious offenses such as violence, severe physical injuries, or even death. It may also be considered a felony if the offender restrains the victim under terrorizing circumstances with the intent to put them in a condition of involuntary servitude. If convicted, the offender may face lengthy jail time and fines.

False Imprisonment Vs. Kidnapping: What's the Difference?

False imprisonment and kidnapping are terms that are often mixed up, but they have essential differences. The main distinction between the two is movement. False imprisonment does not necessarily involve moving the victim, while kidnapping always requires transporting the person. 

Additionally, false imprisonment occurs when someone is confined without their consent. In contrast, kidnapping often involves force, deception, or trickery to abduct a person and hold them against their will. This is usually done to get something for the victim's release. 

In most places, kidnapping is considered a much more serious crime because it typically involves taking someone without their permission and can lead to serious harm.

What Are the Elements of False Imprisonment?

The key elements of false imprisonment include:

• Intent to confine: it is usually a purposeful act by the offender
• Confinement: it involves keeping another person in a bounded area, which makes escape almost impossible 
• Lack of Legal Authority: it is usually performed by a person who lacks the legal authority to do so
• Lack of consent: the victim did not consent to the confinement 
• Awareness: the victim is often aware of their confinement when it occurs.

What Is Unlawful Restraint?

Unlawful restraint occurs when a person intentionally restricts another person's freedom without permission from the law. This can cause both physical and emotional harm. 

In states like Connecticut, unlawful restraint can include blocking someone's path, grabbing their wrist, or using a vehicle to block another car. This term covers a range of offenses, including false imprisonment. 

However, while false imprisonment specifically refers to illegally confining someone to limit their movement, unlawful restraint can involve any action that limits a person's freedom.

Examples of False Imprisonment Cases

Depending on the jurisdiction where the event occurred and the level of harm the victim suffered, this can be treated as a civil or criminal case.

A typical false imprisonment case involves an employer locking their employee in a room for an unreasonable amount of time for suspected theft.

If the false imprisonment claim is applied, the employee may demand compensation. This is usually when the matter is treated as an intentional tort.

The basis for compensation may include injury, physical pain, mental suffering and humiliation, loss of time, and injury to reputation. However, the employee must prove that the employer falsely restrained them.

Furthermore, the employee must prove that the employer acted without probable cause and with malice toward the plaintiff or that they did not engage in the alleged misconduct.

The example may also be considered a criminal offense involving unlawful detention. If the detention involves actions that could cause physical injuries or expose the employee to risks of injuries, the employer may be charged with a felony.

A common defense for this situation is the storekeeper privilege argument, which allows a storekeeper (employer) to detain an employee for a reasonable amount of time to investigate if they believe the employee stole from them. However, since there is no clarity on what a reasonable manner or time means, it is always best for employers to report such incidents to law enforcement agencies.

False Imprisonment Tort Cases

False imprisonment cases are serious legal matters in the United States. One well-known case happened in Chicago in 1985. Police arrested Ronald Jones for the alleged murder of Debra Smith. He claimed that he only confessed after being beaten by the police and that a forensic analyst gave incorrect testimony. Despite this, Jones was convicted and sentenced to death. Later, DNA testing proved he was innocent. He then sued the City of Chicago for false imprisonment and civil rights violations. He received $2.2 million in a settlement and an additional $125,000 from Illinois for his wrongful imprisonment. 

Another famous case is McCann v. Walmart from 2000. In Bangor, Maine, two Walmart employees stopped Debra McCann and her two children from leaving the store. They mistakenly thought one of them had shoplifted earlier. After over an hour, a security officer confirmed that McCann’s children were not involved in the theft. McCann sued Walmart and won $20,000 in compensation, arguing that the store employees’ actions were false imprisonment.

Criminal False Imprisonment Cases

Criminal false imprisonment cases can be either misdemeanors or felonies. A well-known case is Charles Russell vs. Florida from 2004. Russell and his partner robbed a convenience store while forcing the clerk to open the safe by pointing a weapon at him. The clerk opened the safe, and the cash drawer, and the men put the money into a brown paper bag.

Russell was charged with false imprisonment, robbery with a deadly weapon, and burglary with a dangerous weapon. After a jury trial, he was found guilty of robbery with a deadly weapon, burglary, and false imprisonment, which is a lesser charge under Florida's kidnapping laws. However, after appealing the case, Florida's Fourth District Court of Appeal overturned Russell's conviction for false imprisonment. The court decided that the clerk was not confined for longer than it took to complete the robbery. Therefore, his confinement was just a part of the robbery itself.

False Imprisonment Charges and Penalties 

False imprisonment is illegal in all 51 states of America. However, the specific charges, penalties, and legal consequences can vary from one state to another. Those found guilty of false imprisonment may face short or lengthy jail sentences, depending on the situation surrounding the offense. Additionally, offenders might have to pay fines to the state or provide financial compensation to the victim. 

What Is the Sentence for False Imprisonment?

The consequences of false imprisonment depend on the specific circumstances of the case. Offenders can be charged with either a misdemeanor or a felony. If charged with a misdemeanor, they may face fines or at least one year in jail. However, if the charge is elevated to a felony, the penalties become much more severe, potentially including significant fines, probation, or even lengthy prison sentences.

Can You Sue For False Imprisonment?

Victims of false imprisonment can file a lawsuit to seek compensation. This lawsuit is usually based on the violation of the victim's security, right to liberty, and freedom of movement. 

Before filing a lawsuit, victims need to consult with a licensed and experienced attorney. This step will help them understand their legal options and the filing process. The lawsuit begins when the victim's attorney submits a complaint to the court. This complaint includes details about the offense and the legal reasons for seeking compensation. Victims can request compensation for physical injuries, emotional distress, or lost wages.

After the lawsuit is filed, the defendant will receive a copy of the complaint and a summons to appear in court. The victim will be awarded compensation if the evidence is reviewed and the defendant is found guilty.

Defenses to False Imprisonment 

There are few defenses to false imprisonment claims in court. They include, but are not limited to, arguments based on consent, shopkeeper privilege, and citizen arrest.

What Are Legal Defenses to False Imprisonment?

Most legal defenses against false imprisonment claims focus on whether the person claiming to be imprisoned gave their consent. Consent can be actual (explicitly stated) or implied (inferred from behavior). It’s also important to understand that consent is not necessary if the person who carried out the confinement had reasonable grounds for doing so.

For instance, when a person willingly agrees to be confined, they cannot later claim false imprisonment. This consent must be given freely, without pressure, coercion, or deceit. As a result, voluntary consent is often a strong defense in false imprisonment cases.

Another common legal defense against false imprisonment claims is police privilege. Police officers in all states have the authority to detain individuals when they have a valid reason. This typically requires either probable cause or reasonable suspicion. Different legal rules may apply based on the situation, allowing police to detain someone if they suspect a crime has occurred or is about to occur.

Another defense is known as shopkeeper's privilege. Many states have laws that protect store owners from false imprisonment claims. These laws allow merchants to detain individuals if they genuinely believe, based on reasonable grounds, that the person has stolen something. When a shopkeeper detains someone, they are usually limited to two specific actions:

• Investigating whether the person has purchased the merchandise.
• Keeping the individual in custody until a police officer arrives.

In most cases, courts assess whether the storekeeper's actions were reasonable. It's worth noting that even someone caught shoplifting can pursue a false imprisonment claim if they believe their detention was unreasonable.

Wrongful Convictions and False Imprisonment

False imprisonment occurs when someone is confined without legal authority. In contrast, wrongful imprisonment happens when a person is sentenced unjustly with legal authority. This situation can happen in two ways: either the convicted individual did not commit the crime, or their legal rights were violated during the trial due to procedural errors.

What Is Wrongful Imprisonment?

Wrongful imprisonment is a serious issue involving the unjust confinement of individuals due to mistakes, misconduct, or flaws within the legal system. This situation occurs when a person is convicted and sentenced for a crime they did not commit, often due to unreliable eyewitness testimony, inadequate legal representation, or the concealment of exculpatory evidence.

Examples of Wrongful Conviction Cases

There are many examples of wrongful convictions in the United States. One such case is Kimberly Long vs. California. In 2003, Kimberly found her boyfriend dead in their living room and called the police. However, the police charged her with his murder. The jury could not decide in her first trial, with nine jurors wanting to acquit her. In the second trial, the jury found her guilty, and she received a life sentence. After serving 11 years behind bars, new evidence emerged showing that the testimony of the prosecutor's main witness was unreliable. A forensic pathology test was conducted, ultimately leading to her exoneration. Kimberly was released from prison, having lost nearly a decade of her life to a wrongful conviction.

Another example is Suzanne Johnson vs. California. In 1999, Suzanne Johnson faced murder charges after a child died in her San Diego daycare. The court sentenced her to 25 years to life in prison. She spent 21 years behind bars before Governor Newsom granted her clemency. Recent research in pediatric pathology about "shaken baby syndrome" shows that Suzanne was wrongly convicted. She served over 20 years for a crime she did not commit.

False imprisonment is the act of one person restricting another's freedom by confining them to a limited space, usually without the individual's consent and legal authority to do so. This legal concept is related to unlawful restraint, unlawful detention, and even kidnapping. Understanding the differences between these terms is key, as it not only defines what constitutes false imprisonment but also equips victims with the knowledge to navigate such experiences and make informed legal decisions.