False imprisonment

Question 1

Conduct

Answer 1

D confines P or fails to release P despite D’s duty to release P.

Question 2

Intent

Answer 2

D intends to confine P within a limited area (whether large/small, stationary/moving) such that P’s movement is constrained. Or D knew with substantial certainty that D would cause such confinement.
Transferred intent applies.

Question 3

Causation

Answer 3

D’s conduct resulted in P’s confinement & other harms suffered by P.

Question 4

P’s recovery

Answer 4

Under the eggshell plaintiff rule, D is liable for the full extent of P’s harm even if unforeseeable to D.
P may recover compensatory damages(p&s, medical bills, lost wages) if P can prove actual harm.
P may recover nominal damages if P cannot prove actual harm.
P may recover punitive damages.

Question 4

Harm

Answer 4

P was confined & aware of confinement.

Question 5

D’s defenses

Answer 5

D can assert that privilege of arrest applies to D.
Merchant’s privilege: If D is a merchant, D can detain a suspected shoplifter for a reasonable time and in a reasonable manner.
Private citizen: D may use reasonable force if D reasonably suspected P committed a felony, and P did in fact committed the felony. D may arrest P if D reasonably suspected the P committed a misdemeanor and there is a breach of peace.
Police: D may arrest D if D reasonably believed that P committed a felony. D may arrest D if D reasonably believed P committed a misdemeanor, and D was present.