Problem

Wrongful detention

Other Names:
False arrest
Nature:

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. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis 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
Subject(s):
Detention
Date of last update
01.01.2000 – 00:00 CET