False Imprisonment

Question 1

False Imprisonment Elements

Answer 1

(i) actor intends to confine (ii) within the boundaries fixed by the actor, confinement results (iii) awareness of harm

Question 2

Intent

Answer 2

need to act with purpose of confining someone or act with substantial certainty of confining someone

Question 3

Confinement within boundaries

Answer 3

P must be confined in a bounded area in which P’s freedom of movement in all directions is limited. An area is NOT bounded if there is a reasonable means of escape

Question 4

If SK Suspects a Theft…

Answer 4

(1) Detain or not?
(2) What right does the SK have to detain?
(a) Citizen’s arrest
(b) Doctrine of Hot Pursuit
Possibility 1: If suspect is a SL, and if SK uses reasonable force, SK is not liable
Possibility 2: If suspect is not a SL, neither Citizen’s Arrest nor Hot Pursuit applies, so FI occurs (+ vicarious liability)
Possibility 3: Unless statute protects SK: If SK has a reasonable belief that theft may have occurred, SK may detain in a reasonable manner for a reasonable time to investigate ownership of the property

Question 5

Methods of confinement

Answer 5

use of physical barriers, physical force, direct or indirect threats, (to a plaintiff, a third party, or the plaintiff’s property), or by the invalid use of legal authority, duress, or the failure to provide a reasonable means of safe escape.