False Imprisonment
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
torts. It is any illegal imprisonment, without any process whatever, or under colour of process wholly illegal, without regard to any question whether any crime has been committed or a debt due.
1 Chit. Pr. 48.
The remedy is, in order to be restored to liberty, by writ of habeas corpus; and to recover damages for the injury, by action of trespass vi et armis. To punish the wrong done to the public, by the false imprisonment of an individual, the offender may be indicted.
4 Bl. Com. 218, 219; 2 Burr. 993. Vide 6 Bac. Ab. 569; Dane’s Ab. Index, h. t.