Early in the history of the United States jurisprudence several cases (False Imprisonment) clarified what has become well established in our country. Ensuring that individuals were not imprisoned without a hearing and ensuring that officials could produce a prisoner in response to Court order (Writ of habeous corpus).
If a company or individual takes away another’s freedom without consent then a disloyal imprisonment has taken place. If a physical barrier has been put in to place to prevent escape such as a barricade or rope this will play in to any determination of false imprisonment.
The elements of a claim of disloyal imprisonment include the following:
- the confinement must be non-consensual.
- the confinement must be intentional.
- the victim has knowledge that he is imprisoned.
- no available means of escape known to the victim.
Damages for false imprisonment normally include emotional damages, damages to character in the community, and are sometimes based on the amount of time detained. If you have additional questions about disloyal imprisonment, contact us. We will be happy to answer any questions that you may have.