Torts: Intentional Torts: False Imprisonment

False Imprisonment – Restraint + Confinement in a bounded area
  • D must use act of restraint:
      • Threats are sufficient
        • EX: use of a physical barrier; a physical obstacle to P’s further movement.
        • Must operate on the mind of a person with extraordinary sensitivity.
      • A failure to act (omission) can be an act of restraint if there was a preexisting obligation to assist P in moving about.
        • EX: PWD needs wheelchair assistance to get off airplane. But PWD is left on plane = FI.
      • P must know of it or be harmed by it. If neither condition is met, the act of restraint does not count. If a person is oblivious to it and unharmed, there is no false imprisonment.
    • Confinement in a Bounded area
      • Excluding someone from a space is not confinement in a bounded area. While it definitely constrains their movement, they are not confined in a bounded area.
      • An area is not bounded if there is a reasonable means of escape that P can reasonably discover. {can’t be dangerous, disgusting, humiliating, or hidden)
        • On bar: P will be confined in a space by a D, and there will be a way out, but it will be dangerous, disgusting, humiliating or hidden. This is not reasonable.
        • EX: get out of locked basement by crawling through a rodent infested air conditioning duct.