False Imprisonment Lawyers: How Attorneys Defend You (2025)

In countless police procedurals and crime dramas, numerous characters are handcuffed and hauled off to jail, often with dramatic flair and a heavy dose of tension. But what happens when the person hasn’t done anything wrong? A wrongful arrest may be the basis for a civil suit for false imprisonment. Lawyers handling these types of cases fight to protect their clients' civil rights and the integrity of the justice system.

What Is False Imprisonment?

False imprisonment is a real-life legal issue that’s far more serious than the scripted twists of your favorite TV show. Whether it's a misunderstanding or an abuse of power, false imprisonment can have lasting consequences for those who find themselves on the wrong side of the law without cause. Let's dive into what false imprisonment means and how you can protect your rights if it ever happens to you.

Like other civil wrongs, or "torts," the elements of a false imprisonment case vary according to state law. However, in general, false imprisonment occurs when a person:

• Intentionally confines, restrains or prevents the departure of another person against their will,
• Within an area with borders under the confiner's control,
• Without legal authority or justification.

Additionally, the victim must be aware of or harmed by the confinement. False imprisonment is a serious violation of an individual's personal liberty and is recognized as a civil tort in most legal systems, including in the United States.

How Does False Imprisonment Occur?

False imprisonment occurs when one person intentionally restricts another person's freedom of movement without consent and without lawful authority through force, threat or other means. This restraint can be physical, such as locking someone in a room or through coercion, such as threatening harm if the person leaves a particular area. The key element is that the plaintiff must have reasonably believed they could not leave.

The confinement must be complete, allowing the individual no reasonable means of escape. It must also be under the control of or caused by the confiner. Two sailors marooned on a tiny, remote desert island, for example, would not have a case for false imprisonment unless their captain deliberately abandoned them there with no means of escape.

A security guard stopping a person who activates the security detectors for long enough to search their parcels is likely well within their legal rights. On the other hand, a store employee detaining a shopper under suspicion of shoplifting without reasonable cause or for an excessive period could constitute false imprisonment.

A police officer who detains a suspect without proper legal justification may also be liable for false imprisonment. Law enforcement officers are generally allowed to detain individuals in certain circumstances, such as with probable cause or a valid arrest warrant. However, if the detention exceeds these boundaries, it could constitute false imprisonment.

Even if an unlawful confinement is brief, it may still be false imprisonment as long as the elements of the tort are present. An experienced wrongful arrest attorney can evaluate the specifics of your situation and advise you on the strength of your case.

False Imprisonment vs. False Arrest

False arrest is a type of false imprisonment in which the confinement is carried out by someone acting under the authority of law, such as a police officer or other law enforcement agent. It can involve an improper arrest, a detention exceeding the scope of the detainer's legal authority, or an unwarranted restriction on an individual's personal liberties.

False imprisonment can be committed by anyone, regardless of whether the imprisonment involves an arrest. For example, victims of domestic violence or abuse may have claims against abusers who prevent them from leaving their homes. A rideshare passenger who was taken to an unauthorized location and sexually abused by an Uber or Lyft driver may also have false imprisonment claims.

Recovering Damages in a False Imprisonment Case

False imprisonment is a violation of your fundamental rights that can cause significant emotional, psychological and financial harm. Consulting with a knowledgeable attorney can help you navigate the legal process, ensure your rights are protected and work towards obtaining the compensation you deserve.

Victims of false imprisonment can seek a variety of damages, depending on the circumstances of the case. These can include:

• Compensatory damages. These compensate the victim for actual losses suffered as a result of the false imprisonment. They can include lost wages, medical expenses (to treat any physical injuries) and the cost of psychiatric care, therapy or counseling for mental harm.
• Emotional distress. False imprisonment often causes significant emotional and psychological harm. Victims may be able to recover damages for pain and suffering, emotional distress, anxiety, depression and other mental health issues as a result of their unlawful confinement.
• Loss of reputation. False imprisonment can sometimes harm a person’s reputation, especially if they were wrongfully arrested in a public setting. By filing a lawsuit, they may be able to recover damages for harm to their reputation or humiliation
• Wrongful death. If an individual is killed by police after an improper arrest, their survivors may have claims for false imprisonment as well as wrongful death claims. The laws vary significantly between states, so it's vital to consult an experienced police brutality and wrongful arrest lawyer immediately.

Some jurisdictions allow punitive damages in cases where the defendant’s conduct was particularly egregious or malicious. These are intended to punish the wrongdoer and deter similar conduct in the future rather than compensate the individual victim. In cases against law enforcement agencies, punitive damages are often allocated to victims' aid programs, funding for training to prevent future violations and other public initiatives.

How a Wrongful Arrest Lawyer Can Help You Recover

The time you have to file a lawsuit for false imprisonment varies widely. Although the statute of limitation for false imprisonment claims is two years in many jurisdictions, claims against municipalities and other government agencies have much shorter deadlines. In these cases, you may need to file a notice of claim within a specified period–often as short as six months–before you can file a lawsuit.

Missing these deadlines or failing to comply with other procedural requirements can prevent you from pursuing your claim. An experienced attorney can help you pursue your case, improving your chances of recovering the compensation you deserve and holding wrongdoers accountable for their actions.