Wrongful detention

Other Names:
False arrest

False imprisonment occurs when a person is restricted in their personal movement within any area without justification or consent. Actual physical restraint is not necessary for false imprisonment to occur. It applies to private as well as governmental detention. For detention by the police, the proving of false imprisonment is sufficient to obtain a writ of habeas corpus.

Under common law, false imprisonment is both a felony and a tort.

Related Problems:
Mentally ill prisoners
Problem Type:
D: Detailed problems
Date of last update
01.01.2000 – 00:00 CET