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False Imprisonment

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[L. Lat. falsum imprisonamentum.] A trespass committed against a person, by arresting and confining or imprisoning him without sufficient authority, as by doing so without some lawful warrant or process, or by executing a lawful warrant or process at an unlawful time, as on a Sunday.

3 Bl. Com. 127. 3 Steph. Com. 480.

Every confinement of the person is an imprisonment, whether it be in a common prison, or in a private house, or even by forcibly detaining one in the public streets.

2 Inst. 589.

No actual force is necessary to constitute a false imprisonment. If a man is restrained of his personal liberty by fear of a personal difficulty, that amounts to a false imprisonment.

7 Humphrey's (Tenn.) R. 43.

See U. S. Digest and Supplement, False Imprisonment. The name of the action which lies for this species of injury.

3 Bl. Com. 138. Tomlins.