My Friend was just told his case was ';Dismissed'; he has been in prison for 8 month for charges against him. He was charged with drug trafficing and intent to distribute in New Mexico. We are from Texas. Well he was jailed there in Lea County for 8 months through investigations and other things. First he had only been to New Mexico about 2 times and only for work. He told them that, he didnt even meet the description the cop had of the suspect. He also took a polygraph and it said he was telling the truth of not being that person. He also went throught all these other things for the state and he knew and we all knew it wasnt him. Well last week they dismissed the case and are sending him home becuase the state failed to release information they had on the suspect that he had been hospitalized for gun shot wounds and a stabbing. Well when they examed my friend he had never been shot or even have the same scarring and the suspect had. Does he have a case for false imprisonment?False Imprisonment?
Yes. Find a qualified, competent attorney to sue these authorities who jailed him. Try to collect as much documentation (court records, police reports or even personal accounts) as quietly as possible before proceeding with a lawsuit since, when you file the suit, documents you may need may just disappear at the hands of those responsible. Good luck to you.False Imprisonment?
you cant really do anything about it.... thats the problem with our govt... they just want some one to blaim and they dont care who it is or if they even did it as long as they can prove otherwise... I think there should be some sort of compensation for false imprisonment though.... its just wrong that all you get is an appology.......
if your friend has a very good attorney he could possibly have a case but in all reality he should just appreciate being out cause what is he going to get out of it?
No, this happens. Polygraphs aren't even accepted as evidence in courtrooms.
if they found the drugs, they were within law enforcement rights.
If he had nothing to do with drugs, then yes.
You need an attorney and probably have a case.
He would be able to get between $50-$1,500 per day + lost wages.
Only 21 states have compensation laws on the books, which spell out exactly how much you get for a wrongful conviction. Louisiana, for example, ponies up $15,000 for each year of incarceration, plus job training and help with college tuition. Alabama pays at least $50,000 a year, and California pays $100 per day. Meanwhile, the federal government forks over $50,000 for each year of incarceration for federal crimes, plus $50,000 for each year spent on death row.
In Connecticut, which is among the 29 states without compensation statutes, ex-prisoners must lobby the legislature to pass a private bill that grants compensation to a specific person. Here, the dollar amount loosely depends on what payments the state has made in the past. The number should account for the victim’s lost time, lost wages, and physical and mental suffering, as well as the effects on his or her family. Private bills are behind some of the multimillion-dollar rewards that make the headlines, but the payouts don’t always go off without a hitch. Florida, for instance, initially planned to award $1.25 million to Alan Crotzer for serving more than 24 years after being convicted of armed robbery and rape, but ultimately dropped the payment from its budget, instead giving $4.8 million to the parents of a teen who had died in juvie boot camp. (You can keep tabs on awards by reading Justice: Denied, “the magazine for the wrongly convicted.”)
Monday, February 8, 2010
False arrest and/or imprisonment?
It's when you are held without cause.
If you can be more specific, people may be able to answer your question better.False arrest and/or imprisonment?
Question?
If you can be more specific, people may be able to answer your question better.False arrest and/or imprisonment?
Question?
False arrest imprisonment assault malicious prosecution round 2?
i posted 10 hours ago and answers suggest i may have been lying to back things up the video of the arrest is at youtube just search for pc levitt the police confirm that no complaint had been made against me for assault i was then arrested for assault 2 more videos are being converted for viewing which have threats from pc levitt 393 and pc grange 2027 if i dont drop complaint i will regret it pc levitt 393 has provided a witness statement which is also published on the net please take time to read both his statement and listen to the audio evidence then make your mind upFalse arrest imprisonment assault malicious prosecution round 2?
He made it very clear to you, the other person had made a counter allegation of assault. They were prepared to drop the allegation if you did.
You chose not to drop it, meaning both parties could be arrested for this, and they would leave it for the courts to decide. at which time all the witnesses would be called and they could all give their story to the court.
This is a common tactic, but clearly your girlfriend did not help matters I had no trouble with the volume when the Police spoke but when Sarah opened her mouth she was screaming and towards the end came across as aggressive. Not a big help when you state your a victim.
Go to a Dr and have your injuries recoded so it can be be used in evidence if needed. Some injuries like a dislocated finger are very obviously caused as a result of punching someone, others will obvious defence wounds if there are no defence injuries they will assume you were not a victim so you need to be able to explain what happened.
You were too drunk to make sense certainly Sarah was causing a breach of the peace, so its not helping your case.False arrest imprisonment assault malicious prosecution round 2?
You should have listened and went home. The officers told you more than a dozen times to drop it and go home. You dont bring up a charge and the other guy wont. You should have let it go. Its not a false arrest or malicious arrest, they were quite clear when they told you that the other guy wasnt going to file a complain and neither should you, but you obviously didnt want to listen. You didnt drop the complains and now you regret it, just as they had told you. Because now you forced their hands and have to prosectute you. Good job. Perhaps next time the police tell you to drop something, you wont argue, you'll take their advise and move on.short hair cut
He made it very clear to you, the other person had made a counter allegation of assault. They were prepared to drop the allegation if you did.
You chose not to drop it, meaning both parties could be arrested for this, and they would leave it for the courts to decide. at which time all the witnesses would be called and they could all give their story to the court.
This is a common tactic, but clearly your girlfriend did not help matters I had no trouble with the volume when the Police spoke but when Sarah opened her mouth she was screaming and towards the end came across as aggressive. Not a big help when you state your a victim.
Go to a Dr and have your injuries recoded so it can be be used in evidence if needed. Some injuries like a dislocated finger are very obviously caused as a result of punching someone, others will obvious defence wounds if there are no defence injuries they will assume you were not a victim so you need to be able to explain what happened.
You were too drunk to make sense certainly Sarah was causing a breach of the peace, so its not helping your case.False arrest imprisonment assault malicious prosecution round 2?
You should have listened and went home. The officers told you more than a dozen times to drop it and go home. You dont bring up a charge and the other guy wont. You should have let it go. Its not a false arrest or malicious arrest, they were quite clear when they told you that the other guy wasnt going to file a complain and neither should you, but you obviously didnt want to listen. You didnt drop the complains and now you regret it, just as they had told you. Because now you forced their hands and have to prosectute you. Good job. Perhaps next time the police tell you to drop something, you wont argue, you'll take their advise and move on.
False arrest imprisonment assault malicious prosecution?
im starting to go mad iwas assaulted by a bouncer so i called the police when they arrived i was taken to one side and told that if i wanted to make a complaint of assault against the bouncer then i would be arrested pc grange went on to explain that no one had made a complaint of assault against me i suffered a broken nose badly bruised arm wrist i told the officer that i would still wish to complain about the assault i was then placed under arrest for assault cuffed searched put in the back of the van pc levitt 393 came to the van and said im going to give you some serious advice drop your complaint or you will regret it 5 mins later he came back and dearrested me then kept stopping me from leaving the area he was told the other officer to leave me i walked away the officer ran back to me and placed me under arrest for drunk and disorderly i was released to appear at court when i got there i had the whole thing on my mobile the cps have this evidence but still havnt dropped the caseFalse arrest imprisonment assault malicious prosecution?
If the CPS wont drop the case it sounds like you are bang to rights....Perhaps you should stop shouting your mouth off in night clubs and then kick off at the bouncers....you are a silly boy aren't you!
BTW...Why are you posting officer number on here? Would you like it if i put your Email address all over the net?False arrest imprisonment assault malicious prosecution?
I don't think you have much of a complaint. There is obviously more to this story and this is usually the case when someone gets drunk to the point that a bouncer kicks them out of the bar, causing the bar to lose more money that was going to be spent on overpriced drinks. From everything you said, it sounds like you were drunk and out of control!
Sounds a bit far fetched to me. What were you doing for the bouncer to assault you?. If this is true then make a formal complaint to the Police. I can't see a problem with posting Officers names and numbers if they are in the wrong, but if it's not true then you could be in serious trouble.
its against the law to fight with bouncers your not telling us why the bouncer attacked you and if you where drunk do you even remember what sounds like happened to me is that you where arrested for fighting with the bouncer then the bouncer decided not to press charges and since you probably where drunk and pissed the officers off by acting stupid so they took you to jail for drunk and disorderly
you are either making up this story or someone did it for you.one is not arrested for filing charges.you said you were arrested and then dearrested. there is no such thing as being dearrested.i read this 3 times and got the same thing each time,this is pure bs.
----------retired texas deputy sheriff----------
Don't believe you. Sounds more like you were drunk, tried to pick a fight with the doorman and came off worse. Then the police gave you the chance to go away quietly, you wouldn't and were arrested. Clearly the CPS have the evidence they need.
Maybe try making a complaint at a different police station, or two.
Hopefully the judges are on the lookout for police wrongdoing.
There's no such thing as justice, just us.
This does't sound right. As the late Paul Harvey would say, what's the rest of the story.
that's sad right there.
Obviously an incident occurred in a night club during which you alleged that you had been assaulted by door-staff. They obviously ejected you for a good reason.
When people are drunk it is often difficult for them to accept advice, either from police or otherwise.
Clearly the bouncers wanted to make a counter allegation that you assaulted them, which they dropped when you dropped yours.
Clearly someone was in the wrong. Whether that was you, we will never know. Arguing with the police whilst drunk wasn't the wisest move.
It's not the case that the police always believe bouncers because we don't. We look at all the available info and make a decision based on that. Only a few years ago I arrested two bouncers who had assaulted a male. Independent witnesses came forward at the time and verified the injured males story.
The fact that CPS are not dropping the case tends to suggest that there is sufficient evidence to secure a conviction.
that is the most stupididest thing i have ever heard. you getting arrested for nothing, what is this world coming to. you are the victim and your the one whos been made to look like a criminal. what a discrace. that bouncer should be the one getting arrested not you. we need to startfighting back with things like this because its just not on. good luck mate
If the CPS wont drop the case it sounds like you are bang to rights....Perhaps you should stop shouting your mouth off in night clubs and then kick off at the bouncers....you are a silly boy aren't you!
BTW...Why are you posting officer number on here? Would you like it if i put your Email address all over the net?False arrest imprisonment assault malicious prosecution?
I don't think you have much of a complaint. There is obviously more to this story and this is usually the case when someone gets drunk to the point that a bouncer kicks them out of the bar, causing the bar to lose more money that was going to be spent on overpriced drinks. From everything you said, it sounds like you were drunk and out of control!
Sounds a bit far fetched to me. What were you doing for the bouncer to assault you?. If this is true then make a formal complaint to the Police. I can't see a problem with posting Officers names and numbers if they are in the wrong, but if it's not true then you could be in serious trouble.
its against the law to fight with bouncers your not telling us why the bouncer attacked you and if you where drunk do you even remember what sounds like happened to me is that you where arrested for fighting with the bouncer then the bouncer decided not to press charges and since you probably where drunk and pissed the officers off by acting stupid so they took you to jail for drunk and disorderly
you are either making up this story or someone did it for you.one is not arrested for filing charges.you said you were arrested and then dearrested. there is no such thing as being dearrested.i read this 3 times and got the same thing each time,this is pure bs.
----------retired texas deputy sheriff----------
Don't believe you. Sounds more like you were drunk, tried to pick a fight with the doorman and came off worse. Then the police gave you the chance to go away quietly, you wouldn't and were arrested. Clearly the CPS have the evidence they need.
Maybe try making a complaint at a different police station, or two.
Hopefully the judges are on the lookout for police wrongdoing.
There's no such thing as justice, just us.
This does't sound right. As the late Paul Harvey would say, what's the rest of the story.
that's sad right there.
Obviously an incident occurred in a night club during which you alleged that you had been assaulted by door-staff. They obviously ejected you for a good reason.
When people are drunk it is often difficult for them to accept advice, either from police or otherwise.
Clearly the bouncers wanted to make a counter allegation that you assaulted them, which they dropped when you dropped yours.
Clearly someone was in the wrong. Whether that was you, we will never know. Arguing with the police whilst drunk wasn't the wisest move.
It's not the case that the police always believe bouncers because we don't. We look at all the available info and make a decision based on that. Only a few years ago I arrested two bouncers who had assaulted a male. Independent witnesses came forward at the time and verified the injured males story.
The fact that CPS are not dropping the case tends to suggest that there is sufficient evidence to secure a conviction.
that is the most stupididest thing i have ever heard. you getting arrested for nothing, what is this world coming to. you are the victim and your the one whos been made to look like a criminal. what a discrace. that bouncer should be the one getting arrested not you. we need to startfighting back with things like this because its just not on. good luck mate
False/True imprisonment?
If false imprisonment is a crime, doesn't that mean that ';true imprisonment'; exists and is NOT a crime? Is there such a concept as true imprisonment?False/True imprisonment?
Of course. If a person is convicted by a jury of his peers, through the court system, and is sentenced to prison by a judge, that is the legal form of imprisonment. They don't call it ';true'; imprisonment, though.False/True imprisonment?
Yes...it is called a Jail Term, ';Being Detained,'; or; ';Held in Custody.'; Or, simply ';Being Arrested.';
As a Private Citizen, or even a Corporate Entity (generally), you can not legally restrict someone from coming and going as they wish, so holding them against their will can be False Imprisonment. A Property Owner or Agent For a Property Owner (i.e.: Security Personnel) - or, even Joe Average on the street under certain circumstances - *can* legally detain someone for pick-up by the Police.
Good Luck!
Yes. For example:
* grounding your children
* police custody
* prohibiting leaving a hospital if you're still ill
Of course. If a person is convicted by a jury of his peers, through the court system, and is sentenced to prison by a judge, that is the legal form of imprisonment. They don't call it ';true'; imprisonment, though.False/True imprisonment?
Yes...it is called a Jail Term, ';Being Detained,'; or; ';Held in Custody.'; Or, simply ';Being Arrested.';
As a Private Citizen, or even a Corporate Entity (generally), you can not legally restrict someone from coming and going as they wish, so holding them against their will can be False Imprisonment. A Property Owner or Agent For a Property Owner (i.e.: Security Personnel) - or, even Joe Average on the street under certain circumstances - *can* legally detain someone for pick-up by the Police.
Good Luck!
Yes. For example:
* grounding your children
* police custody
* prohibiting leaving a hospital if you're still ill
What is false imprisonment?
Keeping someone from leaving with no legal authority to do so.What is false imprisonment?
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.What is false imprisonment?
It's when you imprison somone for something they didn't do.
now can you please anwser my question? thanks!
http://answers.yahoo.com/question/index;_ylt=AqctWLK3AvPYF2ad.twwgd7sy6IX;_ylv=3?qid=20080415172911AAuarBT
When someone is sent to jail/held against their will without getting a proper trial and without having authority. It is illegal and the offender may be indicted.
being held against one's will
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.What is false imprisonment?
It's when you imprison somone for something they didn't do.
now can you please anwser my question? thanks!
http://answers.yahoo.com/question/index;_ylt=AqctWLK3AvPYF2ad.twwgd7sy6IX;_ylv=3?qid=20080415172911AAuarBT
When someone is sent to jail/held against their will without getting a proper trial and without having authority. It is illegal and the offender may be indicted.
being held against one's will
Sunday, February 7, 2010
Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
My husband of 19 years is facing these charges. Do some of the charges drop once he goes to court. He does not have a criminal record. They gave hime these four violent charges .Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
A lot depends on what state he was charged in. I don't know about the false imprisonment charge but the armed robbery here in TN can be up to 20 years for a first offense. Kidnapping can be up to life here. The burglary will depend on the class of offense. If he was armed, it was night and people were home it would b class A offense here and can carry quite a sentence.
There are a lot of variables. His sentences could be set one after another or could be served at the same time. Some charges could be lessened or dropped depending on the evidence or the details.
You need a good lawyer if you can afford one. If you can't try your best to get a Public Defender instead of a court appointed attorney.Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
There are many factors in this. States are different. In some, armed robbery can carry a life sentence. In others, it could be less than 20 years. As for the other charges, I don't know.
You need to talk to a public defender to find out what kind of sentences your husband could be facing. If you can't afford an attorney, one will be appointed to defend your husband. If you can afford one, hire a criminal attorney.
Remember...he has the right to a jury trial and everyone is presumed innocent until proven guilty.
Your husband can be sentenced to serve consecutively or concurrently. There is a difference. It is really up to the prosecutor as to whether any or all of the charges could be dropped or reduced to a lesser degree. A lesser plea could be given. A plea bargain could be offered.
See what I mean? Talk to an attorney. There are too many factors for me to list here and I am no expert with the law.
What state?
A lot depends on what state he was charged in. I don't know about the false imprisonment charge but the armed robbery here in TN can be up to 20 years for a first offense. Kidnapping can be up to life here. The burglary will depend on the class of offense. If he was armed, it was night and people were home it would b class A offense here and can carry quite a sentence.
There are a lot of variables. His sentences could be set one after another or could be served at the same time. Some charges could be lessened or dropped depending on the evidence or the details.
You need a good lawyer if you can afford one. If you can't try your best to get a Public Defender instead of a court appointed attorney.Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
There are many factors in this. States are different. In some, armed robbery can carry a life sentence. In others, it could be less than 20 years. As for the other charges, I don't know.
You need to talk to a public defender to find out what kind of sentences your husband could be facing. If you can't afford an attorney, one will be appointed to defend your husband. If you can afford one, hire a criminal attorney.
Remember...he has the right to a jury trial and everyone is presumed innocent until proven guilty.
Your husband can be sentenced to serve consecutively or concurrently. There is a difference. It is really up to the prosecutor as to whether any or all of the charges could be dropped or reduced to a lesser degree. A lesser plea could be given. A plea bargain could be offered.
See what I mean? Talk to an attorney. There are too many factors for me to list here and I am no expert with the law.
What state?
False imprisonment???
My husband hit me for the last time when the police were called by our neighbor last year in May. He went to jail, got right out. Then went to court a couple months later. His lawyer said he was going to get the judge to give him a lesser sentence. Like making it to where what he did wasn't that bad. I think he got charged with false imprisonment instead of domestic battery. I'm not sure because I left him right after he went to court for this. He now has a warrant and it says it was issued in January 2009 for false imprisonment. How could have that happened? Is it likely that this whole case is still open? Or could he have done something to someone else? I have been gone for 8 months now.False imprisonment???
I agree that he more and likely violated something. maybe after getting out of jail for hitting you he had parole or probation and then messed up again. You did the right thing to get away and you shouldn't care if he gets put in again. He hurt you and has to pay for what he has done.False imprisonment???
He could have violated something set in his probation and they would have issued a warrant. Or it could be something new.
I agree that he more and likely violated something. maybe after getting out of jail for hitting you he had parole or probation and then messed up again. You did the right thing to get away and you shouldn't care if he gets put in again. He hurt you and has to pay for what he has done.False imprisonment???
He could have violated something set in his probation and they would have issued a warrant. Or it could be something new.
Claiming false arrest/imprisonment, assault, battery and defamation. ?
I want to know can I file a lawsuit without a lawyer? Can I go to the courthouse in question and subpoena all records and bring a suit against city and state and a business on my own?
If so can you steer me in the right direction.
Thank You
jjbClaiming false arrest/imprisonment, assault, battery and defamation. ?
You can file a lawsuit without an attorney. Go to the local courthouse and speak with the court clerk, they will walk you through the process. Keep in mind that they will NOT evaluate the merits of your case, they will only make sure you are filling out the paperwork correctly.
I would suggest you retain an attorney, they can evaluate your case to make sure your lawsuit has a chance and generally work on a contingency so that they are only paid if you are. If you go it alone, you run the very real risk of being counter-sued for abuse of process.Claiming false arrest/imprisonment, assault, battery and defamation. ?
Yes, you can file without a lawyer.short hair cut
If so can you steer me in the right direction.
Thank You
jjbClaiming false arrest/imprisonment, assault, battery and defamation. ?
You can file a lawsuit without an attorney. Go to the local courthouse and speak with the court clerk, they will walk you through the process. Keep in mind that they will NOT evaluate the merits of your case, they will only make sure you are filling out the paperwork correctly.
I would suggest you retain an attorney, they can evaluate your case to make sure your lawsuit has a chance and generally work on a contingency so that they are only paid if you are. If you go it alone, you run the very real risk of being counter-sued for abuse of process.Claiming false arrest/imprisonment, assault, battery and defamation. ?
Yes, you can file without a lawyer.
Mate shoplifted a plaster, and I was a 'accomplice'.. in back of super drug for 2 hours+ False imprisonment?
Basically, we went into superdrug to buy a plaster, I left him to it and went to look at other things. I went back to see him, and they were 拢1.95, and he said he had just taken one out of an open packet. I didnt think much of it. So we walked out and sat on a bench, and he put it on (he had a blister) then this man came up to us in plain clothes and showed us some iD, he was like ';ye come with me, to my mate'; and said I had to come aswell because I was an accomplice.
We went into this small room in Superdrug, and he wrote out some banning notices. They didn't look very offical, and they didnt take any picture or anything, so I cant imagine they actually mean much. But I'll trust him on that one. Then this guy said he had to ring our parents to come and pick us up, because he had a ';duty of care'; and if we went of and got hit by a bus it would be there fault. So he rang both our parents, and for some reason refused to tell them it was a plaster. My dad couldn't pick me up, but my mates mum came and took us both home, this whole thing went on from 3:20, all the way to 5:30. I was told by someone I know that I can do them for false imprisonment as I wasn't offered anything to eat or drink, and my friend wasn't allowed to go to the toilet.
What do you think of this. Also in your opinion, do you think I did anything wrong?Mate shoplifted a plaster, and I was a 'accomplice'.. in back of super drug for 2 hours+ False imprisonment?
By law...because you were aware of the theft but neglected to stop or report the theft...you become an accomplice to the theft.
The plain clothesman was store security and a representative of the owner who complied with his company policy to ';trespass'; you from using the store but declined to have you arrested possibly due to your young age.
The ';duty of care'; is an issue where you MUST be released to a responsible parent or legal guardian.
You were NOT violated and because you were detained for committing a crime, there was NO false imprisonment!
Being ';held'; for two hours does not invoke some special constitutional right that you be provided breakfast, lunch, and dinner.
My suggestion, next time do the right thing and you can avoid the inconvenience your mate caused!Mate shoplifted a plaster, and I was a 'accomplice'.. in back of super drug for 2 hours+ False imprisonment?
let it go. you weren't harmed and they didn't call the police. get on with your life.
Apparently you live on the other side of the pond. You're lucky that you didn't get the police called on you. It is the stores resposibility to contact your parents. They did the correct thing here. You were in the wrong for allowing your friend to walk out of the store with the item he stole. You were an accomplice and accessory. You have no case. You're lucky that all your got was a tresspass issued from the store. Let it go. If you try to go after them for false imprisonment, they can in turn press charges for theft. 2 hrs of your life for not having a record is worth it.
Superdrug are a massive business, try to sue their employee and they may counter sue your friend for criminal damage (opening the plaster packet) and shoplifting.
They are also well within their rights to use reasonable force to detain individuals for a reasonable amount of time in cases of shoplifting. What is deemed reasonsble is decided by the courts and there is nothing to say that they can't detain you for 2 hours. Indeed the police are increasingly putting cells in shopping centres and supermarkets so shoplifters can be detained more easily.
http://www.telegraph.co.uk/news/newstopi鈥?/a>
http://www.timesonline.co.uk/tol/news/uk鈥?/a>
I would also be grateful that they didn't involve the police, and if I were you I would choose my friends more carefully in future.
just be lucky both of you were not put to jail. our former worker had that trouble with an accomplice who shoplifted. 5 of them in the group and only one did the act. so both of them (5) were taken into custody for interrogation.it could be just OK and not be worst if they have visa, but because all of them are illegals, so they were brought to the jail for 2months imprisonment as punishment for shoplifting, and 2months being held at the immigration center to process the papers for deportation.
Careful here. You may not have known this, but it is possible for a professional forensic annalist to S.C.A.N. a written statement like yours and discriminate between a truthful statement and a lie.
It is clear from the contents of your statement and the structure of your wording that you were part of the theft (shoplifting). ';I didn't think much of it. So we walked out ...'; gave you away. You did commit an offense. Whether you can be found guilty will be based on the available evidence. What I think of this? You were a ';citizens'; arrest, which is correct by law. However, they need to be reasonable in how they treat you, especially coming to minors. Remember, if you had not stolen with your friend, you would not have been detained.
';Guilt by association';
You got screwed. . ., can you do anything about it. No. The security officer can keep you there for a reasonable amount of time. You were kept until an adult could pick you up, that is reasonable. They are not required to supply you with food and drink at all. Your friend did not get to go to the toilet because they did not want him stealing anything else. You can not sue for false imprisonment. You might try suing your buddy for damaging your reputation.
We went into this small room in Superdrug, and he wrote out some banning notices. They didn't look very offical, and they didnt take any picture or anything, so I cant imagine they actually mean much. But I'll trust him on that one. Then this guy said he had to ring our parents to come and pick us up, because he had a ';duty of care'; and if we went of and got hit by a bus it would be there fault. So he rang both our parents, and for some reason refused to tell them it was a plaster. My dad couldn't pick me up, but my mates mum came and took us both home, this whole thing went on from 3:20, all the way to 5:30. I was told by someone I know that I can do them for false imprisonment as I wasn't offered anything to eat or drink, and my friend wasn't allowed to go to the toilet.
What do you think of this. Also in your opinion, do you think I did anything wrong?Mate shoplifted a plaster, and I was a 'accomplice'.. in back of super drug for 2 hours+ False imprisonment?
By law...because you were aware of the theft but neglected to stop or report the theft...you become an accomplice to the theft.
The plain clothesman was store security and a representative of the owner who complied with his company policy to ';trespass'; you from using the store but declined to have you arrested possibly due to your young age.
The ';duty of care'; is an issue where you MUST be released to a responsible parent or legal guardian.
You were NOT violated and because you were detained for committing a crime, there was NO false imprisonment!
Being ';held'; for two hours does not invoke some special constitutional right that you be provided breakfast, lunch, and dinner.
My suggestion, next time do the right thing and you can avoid the inconvenience your mate caused!Mate shoplifted a plaster, and I was a 'accomplice'.. in back of super drug for 2 hours+ False imprisonment?
let it go. you weren't harmed and they didn't call the police. get on with your life.
Apparently you live on the other side of the pond. You're lucky that you didn't get the police called on you. It is the stores resposibility to contact your parents. They did the correct thing here. You were in the wrong for allowing your friend to walk out of the store with the item he stole. You were an accomplice and accessory. You have no case. You're lucky that all your got was a tresspass issued from the store. Let it go. If you try to go after them for false imprisonment, they can in turn press charges for theft. 2 hrs of your life for not having a record is worth it.
Superdrug are a massive business, try to sue their employee and they may counter sue your friend for criminal damage (opening the plaster packet) and shoplifting.
They are also well within their rights to use reasonable force to detain individuals for a reasonable amount of time in cases of shoplifting. What is deemed reasonsble is decided by the courts and there is nothing to say that they can't detain you for 2 hours. Indeed the police are increasingly putting cells in shopping centres and supermarkets so shoplifters can be detained more easily.
http://www.telegraph.co.uk/news/newstopi鈥?/a>
http://www.timesonline.co.uk/tol/news/uk鈥?/a>
I would also be grateful that they didn't involve the police, and if I were you I would choose my friends more carefully in future.
just be lucky both of you were not put to jail. our former worker had that trouble with an accomplice who shoplifted. 5 of them in the group and only one did the act. so both of them (5) were taken into custody for interrogation.it could be just OK and not be worst if they have visa, but because all of them are illegals, so they were brought to the jail for 2months imprisonment as punishment for shoplifting, and 2months being held at the immigration center to process the papers for deportation.
Careful here. You may not have known this, but it is possible for a professional forensic annalist to S.C.A.N. a written statement like yours and discriminate between a truthful statement and a lie.
It is clear from the contents of your statement and the structure of your wording that you were part of the theft (shoplifting). ';I didn't think much of it. So we walked out ...'; gave you away. You did commit an offense. Whether you can be found guilty will be based on the available evidence. What I think of this? You were a ';citizens'; arrest, which is correct by law. However, they need to be reasonable in how they treat you, especially coming to minors. Remember, if you had not stolen with your friend, you would not have been detained.
';Guilt by association';
You got screwed. . ., can you do anything about it. No. The security officer can keep you there for a reasonable amount of time. You were kept until an adult could pick you up, that is reasonable. They are not required to supply you with food and drink at all. Your friend did not get to go to the toilet because they did not want him stealing anything else. You can not sue for false imprisonment. You might try suing your buddy for damaging your reputation.
What is the likelihood my ex will be charged and convicted for assault on a female, and false imprisonment?
-On two consecutive days he attacked me and attempted to strangle me to death
- On both occasions he stated that he was going to kill me; that I was going to take my last breath on the bed; and my son would be next
- On both occasions he strangled me until I was unable to breathe; stated that he was ';state certified crazy,'; and enjoyed the sight of bleeding, and killing people
- He stated that if he is not able to seek revenge on me then he would use friends, family, others to seek out, and kill me
- On the second occassion he stated that he was going to ';finish the war I started by killing me; and he blocked me from fleeing the bedroom where this assault occured
- I have filed for a restraining order following the assult
- He allegedly has an attorney that he plans to use to get ';him out of the trouble that I put him in';
Please answer honestly...I hope it's ok if I contact you for further details. I am trying to prepare myself for the next court date(s), along with trying to protect myself from any future attacks from this barbarian. What is the likelihood that his attorney can have the charges dropped?What is the likelihood my ex will be charged and convicted for assault on a female, and false imprisonment?
No way, he will get convicted. Do you have bruises and marks? Do you have witnesses? Doctors notes? Take pictures of damages to urself and your belongings. Get witness statements, but you should really speak to a lawyer. They know the law and would be the best ppl to help you out.
It doesnt matter why he beat you, the fact is that he did and mourning over a relative is not a great reason to stand behind. Also, did he tell you this? Because the fact that he did, says that he knew full well what he was doing and is hiding behind laws that he thinks can protect him. But they cant. Sue his *** and send him to jail.What is the likelihood my ex will be charged and convicted for assault on a female, and false imprisonment?
You really need to get an attorney pronto. This is not the place to get useful information on things like that.
If you filed charges with the police (and I hope you did), they will probably begin investigative proceedings against him, and you will be able to work with the prosecuting attorney. Otherwise, this is a civil case and you need to get an attorney on your own.
Good luck!
i dunno about ';assault on a female';, but yeah.. youv got battery too, attempted murder, etc. take his worthless *** to court!
1) Yes contact me.
2) Go to the courthouse immediately. File for a protective order. It is emotionally hard to do so ask if there is an advocate or paralegal to help you.
3) Be as specific as you can be on dates and times, witnesses, who can testify that they saw bruises, etc.
4) I have rarely seen judges not grant a temporary restraining order. And the few times they did, the woman was assaulted.
5) Temp order (TRO) is issued and a hearing date is set. Both of you need to appear and the judge hears the motion.
6) My experience is LA, OR, WA. and laws do differ from state to state.
- On both occasions he stated that he was going to kill me; that I was going to take my last breath on the bed; and my son would be next
- On both occasions he strangled me until I was unable to breathe; stated that he was ';state certified crazy,'; and enjoyed the sight of bleeding, and killing people
- He stated that if he is not able to seek revenge on me then he would use friends, family, others to seek out, and kill me
- On the second occassion he stated that he was going to ';finish the war I started by killing me; and he blocked me from fleeing the bedroom where this assault occured
- I have filed for a restraining order following the assult
- He allegedly has an attorney that he plans to use to get ';him out of the trouble that I put him in';
Please answer honestly...I hope it's ok if I contact you for further details. I am trying to prepare myself for the next court date(s), along with trying to protect myself from any future attacks from this barbarian. What is the likelihood that his attorney can have the charges dropped?What is the likelihood my ex will be charged and convicted for assault on a female, and false imprisonment?
No way, he will get convicted. Do you have bruises and marks? Do you have witnesses? Doctors notes? Take pictures of damages to urself and your belongings. Get witness statements, but you should really speak to a lawyer. They know the law and would be the best ppl to help you out.
It doesnt matter why he beat you, the fact is that he did and mourning over a relative is not a great reason to stand behind. Also, did he tell you this? Because the fact that he did, says that he knew full well what he was doing and is hiding behind laws that he thinks can protect him. But they cant. Sue his *** and send him to jail.What is the likelihood my ex will be charged and convicted for assault on a female, and false imprisonment?
You really need to get an attorney pronto. This is not the place to get useful information on things like that.
If you filed charges with the police (and I hope you did), they will probably begin investigative proceedings against him, and you will be able to work with the prosecuting attorney. Otherwise, this is a civil case and you need to get an attorney on your own.
Good luck!
i dunno about ';assault on a female';, but yeah.. youv got battery too, attempted murder, etc. take his worthless *** to court!
1) Yes contact me.
2) Go to the courthouse immediately. File for a protective order. It is emotionally hard to do so ask if there is an advocate or paralegal to help you.
3) Be as specific as you can be on dates and times, witnesses, who can testify that they saw bruises, etc.
4) I have rarely seen judges not grant a temporary restraining order. And the few times they did, the woman was assaulted.
5) Temp order (TRO) is issued and a hearing date is set. Both of you need to appear and the judge hears the motion.
6) My experience is LA, OR, WA. and laws do differ from state to state.
';Sweeping the street'; as punishment for possession of cocaine, what will he get for ';false imprisonment';
LONDON (Reuters) - Police charged pop singer Boy George with false imprisonment on Tuesday after he allegedly chained a man to a wall at his London home.
Boy George was released on police bail and is scheduled to appear in court on November 22.
Boy George ... is charged with false imprisonment of a 28-year-old male ... on April 28, 2007,'; a police spokeswoman said.
The 47-year-old former Culture Club frontman was arrested in May after a man accused him of ';false imprisonment and common assault'; at the singer's London home.
Last year Boy George was ordered to sweep the streets of Manhattan by a American court after charges stemming from an incident when police responded to his call reporting a burglary and found cocaine in his apartment.';Sweeping the street'; as punishment for possession of cocaine, what will he get for ';false imprisonment';
he'll get a BDSM woman in a leather with hot latex to punish him. he needs some discipline.';Sweeping the street'; as punishment for possession of cocaine, what will he get for ';false imprisonment';
he's another ' fallen angel '... loved his music though ..EDIT..
oooooooh just noticed your avatar name is 'anjel'...
What's worse - what he is said to have done, or the fact that if he did it, he'll not be punished in the same way the rest of us would be.
Oh ! I loved Culture Club when I was younger, thought they were cool......loved there music...
Boy George was released on police bail and is scheduled to appear in court on November 22.
Boy George ... is charged with false imprisonment of a 28-year-old male ... on April 28, 2007,'; a police spokeswoman said.
The 47-year-old former Culture Club frontman was arrested in May after a man accused him of ';false imprisonment and common assault'; at the singer's London home.
Last year Boy George was ordered to sweep the streets of Manhattan by a American court after charges stemming from an incident when police responded to his call reporting a burglary and found cocaine in his apartment.';Sweeping the street'; as punishment for possession of cocaine, what will he get for ';false imprisonment';
he'll get a BDSM woman in a leather with hot latex to punish him. he needs some discipline.';Sweeping the street'; as punishment for possession of cocaine, what will he get for ';false imprisonment';
he's another ' fallen angel '... loved his music though ..EDIT..
oooooooh just noticed your avatar name is 'anjel'...
What's worse - what he is said to have done, or the fact that if he did it, he'll not be punished in the same way the rest of us would be.
Oh ! I loved Culture Club when I was younger, thought they were cool......loved there music...
Which of the following is not an example of confinement, an element of false imprisonment?
Locking the victim in a room with one door and no windows.
Placing armed guards outside the victim's apartment while the victim is asleep.
Telling the victim that if he or she leaves the premises, the victim will be beaten up.
Posting a sign outside a store's shoplifter detention area reading, ';WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!';
Placing the victim in the back seat of an automobile, with all doors unlocked, driving at 75 m.p.h. on the interstate.Which of the following is not an example of confinement, an element of false imprisonment?
the 2nd one
Placing armed guards outside the victim's apartment while the victim is asleep.
Telling the victim that if he or she leaves the premises, the victim will be beaten up.
Posting a sign outside a store's shoplifter detention area reading, ';WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!';
Placing the victim in the back seat of an automobile, with all doors unlocked, driving at 75 m.p.h. on the interstate.Which of the following is not an example of confinement, an element of false imprisonment?
the 2nd one
What kind of money can I win if I sue Target for false imprisonment?
I was at target shopping for some cds. Browsing a bit. I found a few cds I was interested in an decided ai would come back tomorrow and buy them. I went to leave and the security machine went off. I forgot to take one of the cds out of my pocket. I tried to calmly explain this to them but they didnt want to listen. I ended up wrestling with the security guard who tackled me into a candy rack. I got up and ran away from him assaulting me and grabbed a broom to fend him off. A little while later the cops got there. I tried to calmly explain to them what happened as well but they wouldnt listen. What ever happened to the custoemr is always right. How much could I get in a lawsuit against Target?What kind of money can I win if I sue Target for false imprisonment?
You have to be a troll, no one can be that stupid.What kind of money can I win if I sue Target for false imprisonment?
Yeah, okay.........If you really thought Target was in the wrong, it doesn't sound like you want to punish them to show right from wrong at all, sounds like you are just a greedy troll.
The security guard had every right to do what he did, and he was not assaulting you.
This seems like a very complicated situation! You probably could make a lot of money if you can prove that the security guard used unnecessary force. I assume you have a record now, which may make it hard for you to get a job in the future; You may be able to sue Target for future damages (not Having a job).I suggest you do some Research first, google ';premise liability'; for the guard hurting you..As far as the arrest goes I'm not sure about that one. Open a phone book and find an injury lawyer.
ok target ap's are NOT allowed to tackle anyone, so that's a crock, the fact that you attacked him means that you will be getting further police action and putting in pocket denotes intent to steal, [hint that's why there are ALWAYS baskets right by the cd section]
Please try the lawsuit, we love them especially when ALL your actions would have been on camera......if nothing else target has some pretty good security and makes REALLY good use of it.
Buying the company's merchandise makes you a customer. Putting it in you pocket, whether intentionally or not, makes you a thief. You cannot sue them for protecting their property. They have a right to detain you until the police come.
0.00
You will get a record, but no money or cd's
In the US generally, there is a ';shopkeeper's privilege'; to briefly detain you to investigate suspected shoplifting. It is not false imprisonment.
As for the wrestling and all that followed, who did what to whom first is unclear, but generally you are the one who is not looking too good in this situation.
Most like outcome: Target will have a case against you.
None because you are still guilty of theft. You attempted to leave without paying. Your actions prove your guilt. No words you say can change that. Next time don't stick the CD in your pocket, get a shopping cart.
You shoplifted and then used a broom to assault a security guard and you want to sue Target? You do realize that neither the police and nor a court will take you seriously, don't you?
If you don't get charged with theft and assault, count yourself lucky. Don't bother suing them. It will waste your time and annoy everyone involved.
BTW - if you were not buying anything, you were not a customer, so the idea of ';the customer is always right'; is not applicable in this case.
Nice try, though.
$ 0.00
You have to be a troll, no one can be that stupid.What kind of money can I win if I sue Target for false imprisonment?
Yeah, okay.........If you really thought Target was in the wrong, it doesn't sound like you want to punish them to show right from wrong at all, sounds like you are just a greedy troll.
The security guard had every right to do what he did, and he was not assaulting you.
This seems like a very complicated situation! You probably could make a lot of money if you can prove that the security guard used unnecessary force. I assume you have a record now, which may make it hard for you to get a job in the future; You may be able to sue Target for future damages (not Having a job).I suggest you do some Research first, google ';premise liability'; for the guard hurting you..As far as the arrest goes I'm not sure about that one. Open a phone book and find an injury lawyer.
ok target ap's are NOT allowed to tackle anyone, so that's a crock, the fact that you attacked him means that you will be getting further police action and putting in pocket denotes intent to steal, [hint that's why there are ALWAYS baskets right by the cd section]
Please try the lawsuit, we love them especially when ALL your actions would have been on camera......if nothing else target has some pretty good security and makes REALLY good use of it.
Buying the company's merchandise makes you a customer. Putting it in you pocket, whether intentionally or not, makes you a thief. You cannot sue them for protecting their property. They have a right to detain you until the police come.
0.00
You will get a record, but no money or cd's
In the US generally, there is a ';shopkeeper's privilege'; to briefly detain you to investigate suspected shoplifting. It is not false imprisonment.
As for the wrestling and all that followed, who did what to whom first is unclear, but generally you are the one who is not looking too good in this situation.
Most like outcome: Target will have a case against you.
None because you are still guilty of theft. You attempted to leave without paying. Your actions prove your guilt. No words you say can change that. Next time don't stick the CD in your pocket, get a shopping cart.
You shoplifted and then used a broom to assault a security guard and you want to sue Target? You do realize that neither the police and nor a court will take you seriously, don't you?
If you don't get charged with theft and assault, count yourself lucky. Don't bother suing them. It will waste your time and annoy everyone involved.
BTW - if you were not buying anything, you were not a customer, so the idea of ';the customer is always right'; is not applicable in this case.
Nice try, though.
$ 0.00
What movie was it that Brendan Fraser suffered from false imprisonment?
I remember watching a movie in class last year, and it was Brendan Fraser's first movie (supposably) i think it was originally a TV-only movie...
It was about him hanging out in a park with a friend (both were drunk) and somebody ended up murdering someone and Brendan Frasers character ended up getting arrested due to a false idenification by a teen.
He ends up spending 10+ years in prison before finally set free...
Does ANYONE know what movie im talking about?? i cant find any information about it at all, and its bugging me.
Please?What movie was it that Brendan Fraser suffered from false imprisonment?
I'm convinced you've confused Brendan Fraser with someone else, because i went up and down his imdb page checking out all his acting credits and found nothing of that sorts. I already assumed he didn't do many dramatic movies, but i was right, they are mostly comedy or family films.
If you want to double check here's a link to his imdb page with a list of all his acting credits.
http://www.imdb.com/name/nm0000409/
edit: oh glad i helped in some way then, my mistake for not checking some of the made for TV movies. I checked 46,48 but skipped 47
well enjoy.short hair cut
It was about him hanging out in a park with a friend (both were drunk) and somebody ended up murdering someone and Brendan Frasers character ended up getting arrested due to a false idenification by a teen.
He ends up spending 10+ years in prison before finally set free...
Does ANYONE know what movie im talking about?? i cant find any information about it at all, and its bugging me.
Please?What movie was it that Brendan Fraser suffered from false imprisonment?
I'm convinced you've confused Brendan Fraser with someone else, because i went up and down his imdb page checking out all his acting credits and found nothing of that sorts. I already assumed he didn't do many dramatic movies, but i was right, they are mostly comedy or family films.
If you want to double check here's a link to his imdb page with a list of all his acting credits.
http://www.imdb.com/name/nm0000409/
edit: oh glad i helped in some way then, my mistake for not checking some of the made for TV movies. I checked 46,48 but skipped 47
well enjoy.
How can breaking out of a false imprisonment be harassment?!?
I'm in PA. I was trapped in a grocery store corner (I believe intentionally, but for the sake of argument) and couldn't get out (it was the gardening section). When I asked that customer at least 2-3 times ';excuse me'; he flat out refused to move. Not because he didn't hear me, but because he felt that I ';could have gone another way';. Because of the narrow aisles and the clutter, I couldn't. I requested excuse me and he refused. At that point I pushed through. The police officer who responded stated that I should have waited until the man felt like moving and that I ';should have stayed there all day and all week maybe'; (recorded statement from the officer). Nonetheless, he charged me with harassment because he stated that I ';hit [the man] in the leg with a buggy with the intention of harassing, annoying or alarming him when all I wanted to do was to get past, finish my shopping and get to my car (I have asthma) to get my inhaler and to get home to my children. Thanks.How can breaking out of a false imprisonment be harassment?!?
Make sure when you go to court for the harrasement charge, that you take a note form your dr. stating that you have asthma, what a jerk, and the mindless cop also!! If it was me I would get a lawyer, pro-bono!!!! sometimes things are so unfair, that why we need to go back to the old west, ways, its comming to that!!!How can breaking out of a false imprisonment be harassment?!?
What you are describing is not false imprisonment, it's rudeness. the guy was being a jerk, ABSOLUTELY, but you had no business putting your hands on him. I guess I can't see how you could be cornered in a grocery store without any way of going around, but that is just me.
In a lot of these cases, it all depends on who calls the cops first.
Your question is graphically stated. My opinion is that this situation is unusual. You are assuming here, that this person could hear, he may have been deaf. I think that this was a considerable lack of forethought on your part, and very rude for you to push past the person regardless. You were in your working day, and had plenty of time to wait for the gentleman to consider his purchase or otherwise before moving on. You appear to be a very young person unaccustomed to dealing with the public generally. I think that you have been watching too much telly and putting what you saw into practice, I feel that you are a little immature, and ned some more interpersonal experience, but I wish you well
Make sure when you go to court for the harrasement charge, that you take a note form your dr. stating that you have asthma, what a jerk, and the mindless cop also!! If it was me I would get a lawyer, pro-bono!!!! sometimes things are so unfair, that why we need to go back to the old west, ways, its comming to that!!!How can breaking out of a false imprisonment be harassment?!?
What you are describing is not false imprisonment, it's rudeness. the guy was being a jerk, ABSOLUTELY, but you had no business putting your hands on him. I guess I can't see how you could be cornered in a grocery store without any way of going around, but that is just me.
In a lot of these cases, it all depends on who calls the cops first.
Your question is graphically stated. My opinion is that this situation is unusual. You are assuming here, that this person could hear, he may have been deaf. I think that this was a considerable lack of forethought on your part, and very rude for you to push past the person regardless. You were in your working day, and had plenty of time to wait for the gentleman to consider his purchase or otherwise before moving on. You appear to be a very young person unaccustomed to dealing with the public generally. I think that you have been watching too much telly and putting what you saw into practice, I feel that you are a little immature, and ned some more interpersonal experience, but I wish you well
Is this considered by law as false imprisonment?
I was at work and I clocked-out. I was waiting for the team leader to arrive to unlock the door so I could leave. When she arrived she refused to unlock the door and let me out of the store until ten other people arrived to clock-out. I told her that I had to leave and the car waiting for me right outside the door in plain view was my ride home. And she said, ';I don't care.'; After twelve minutes had passed she opened the door and I left. I was off the clock and she had no right to keep me in the store against my will. Could this by Texas law be considered as an act of FALSE IMPRISONMENT?Is this considered by law as false imprisonment?
You leave out a LOT of important details.
There may be a way to squeeze this into a case of false imprisonment, but my advice is to keep quiet about it and get over it; grousing about it or threatening a lawsuit is a short way to make your future at that job - and your prospects for a future job elsewhere - go bad.Is this considered by law as false imprisonment?
I'm not sure. I am a little confused. 10 people.....car in plain view.....unlock.....clocked-out ...sorry, I don't think you can consider that false
imprisonment. But something sure sounds suspicious. Keep one eye open,,, just in case.
You leave out a LOT of important details.
There may be a way to squeeze this into a case of false imprisonment, but my advice is to keep quiet about it and get over it; grousing about it or threatening a lawsuit is a short way to make your future at that job - and your prospects for a future job elsewhere - go bad.Is this considered by law as false imprisonment?
I'm not sure. I am a little confused. 10 people.....car in plain view.....unlock.....clocked-out ...sorry, I don't think you can consider that false
imprisonment. But something sure sounds suspicious. Keep one eye open,,, just in case.
Does Mexico owe appropriate compensation to Indian for false imprisonment?
MEXICO CITY – An Indian market vendor who was wrongly convicted of kidnapping and spent three years in prison deserves compensation for the time she was locked away, Amnesty International said Thursday.
';Nothing will replace the three years she lost, but it is vital that those responsible for this injustice be brought before justice, and that she receive an appropriate compensation,'; said Kerrie Howard, Amnesty International's deputy director for the Americas.
Jacinta Francisco Marcial, whose kidnapping conviction sparked an international protest, walked out of prison Wednesday after authorities decided not to contest an appeal of her 21-year sentence.
Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
';I didn't even know what kidnapping was,'; Marcial, 46, told reporters Thursday, speaking in a Spanish that she largely learned while in prison. ';I couldn't stop crying.';
Her lawyer Andres Diaz, who works with the Mexico-based Miguel Agustin Pro Juarez human rights center, said her legal team is considering bringing legal action against the government. Activists said her case was symbolic of the poor treatment meted out to Mexico's 6 million speakers of indigenous languages.
Amnesty International is demanding new trials for two other women convicted in the 2006 case, which began when federal agents raided a street market in the central state of Queretaro to confiscate pirated goods. During the incident, angry vendors surrounded the agents and briefly held them hostage, demanding to be paid for the loss of their merchandise. Marcial denied she played any role in detaining the agents.
The Attorney General's Office has said a review of her case turned up ';contradictions in the statements of federal agents.';
';From the evidence it is clear that some witnesses said they saw the defendant at the scene, others say they did not see her ... creating a reasonable doubt about her involvement,'; the office said in a statement. The statement said there was strong evidence against two other convicted women.
http://news.yahoo.com/s/ap/20090917/ap_o…Does Mexico owe appropriate compensation to Indian for false imprisonment?
When an illegal encounters those kind of problems here, Mexico demands swift action and when it happens in Mexico , Mexico is not held to any standard.Take for example,Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
Imagine the outrage if America did not furnish Mexicans right to translators in legal proceedings under current law, but none was apparently provided , I believe we would see Mexico demanding action and sending lawyers, filing lawsuits demanding justiceDoes Mexico owe appropriate compensation to Indian for false imprisonment?
She's a thief and probably a liar. Why presume innocence? So let her loose and it's ';time served'; for theft. What's next, gypsies claiming they don't know what pick-pocketing is?
No. What does this have to do with immigration?
';Nothing will replace the three years she lost, but it is vital that those responsible for this injustice be brought before justice, and that she receive an appropriate compensation,'; said Kerrie Howard, Amnesty International's deputy director for the Americas.
Jacinta Francisco Marcial, whose kidnapping conviction sparked an international protest, walked out of prison Wednesday after authorities decided not to contest an appeal of her 21-year sentence.
Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
';I didn't even know what kidnapping was,'; Marcial, 46, told reporters Thursday, speaking in a Spanish that she largely learned while in prison. ';I couldn't stop crying.';
Her lawyer Andres Diaz, who works with the Mexico-based Miguel Agustin Pro Juarez human rights center, said her legal team is considering bringing legal action against the government. Activists said her case was symbolic of the poor treatment meted out to Mexico's 6 million speakers of indigenous languages.
Amnesty International is demanding new trials for two other women convicted in the 2006 case, which began when federal agents raided a street market in the central state of Queretaro to confiscate pirated goods. During the incident, angry vendors surrounded the agents and briefly held them hostage, demanding to be paid for the loss of their merchandise. Marcial denied she played any role in detaining the agents.
The Attorney General's Office has said a review of her case turned up ';contradictions in the statements of federal agents.';
';From the evidence it is clear that some witnesses said they saw the defendant at the scene, others say they did not see her ... creating a reasonable doubt about her involvement,'; the office said in a statement. The statement said there was strong evidence against two other convicted women.
http://news.yahoo.com/s/ap/20090917/ap_o…Does Mexico owe appropriate compensation to Indian for false imprisonment?
When an illegal encounters those kind of problems here, Mexico demands swift action and when it happens in Mexico , Mexico is not held to any standard.Take for example,Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
Imagine the outrage if America did not furnish Mexicans right to translators in legal proceedings under current law, but none was apparently provided , I believe we would see Mexico demanding action and sending lawyers, filing lawsuits demanding justiceDoes Mexico owe appropriate compensation to Indian for false imprisonment?
She's a thief and probably a liar. Why presume innocence? So let her loose and it's ';time served'; for theft. What's next, gypsies claiming they don't know what pick-pocketing is?
No. What does this have to do with immigration?
What movie was it that Brendan Fraser suffered from false imprisonment?
I remember watching a movie in class last year, and it was Brendan Fraser's first movie (supposably) i think it was originally a TV-only movie...
It was about him hanging out in a park with a friend (both were drunk) and somebody ended up murdering someone and Brendan Frasers character ended up getting arrested due to a false idenification by a teen.
He ends up spending 10+ years in prison before finally set free...
Does ANYONE know what movie im talking about?? i cant find any information about it at all, and its bugging me.
Please?What movie was it that Brendan Fraser suffered from false imprisonment?
I'm convinced you've confused Brendan Fraser with someone else, because i went up and down his imdb page checking out all his acting credits and found nothing of that sorts. I already assumed he didn't do many dramatic movies, but i was right, they are mostly comedy or family films.
If you want to double check here's a link to his imdb page with a list of all his acting credits.
http://www.imdb.com/name/nm0000409/
edit: oh glad i helped in some way then, my mistake for not checking some of the made for TV movies. I checked 46,48 but skipped 47
well enjoy.
It was about him hanging out in a park with a friend (both were drunk) and somebody ended up murdering someone and Brendan Frasers character ended up getting arrested due to a false idenification by a teen.
He ends up spending 10+ years in prison before finally set free...
Does ANYONE know what movie im talking about?? i cant find any information about it at all, and its bugging me.
Please?What movie was it that Brendan Fraser suffered from false imprisonment?
I'm convinced you've confused Brendan Fraser with someone else, because i went up and down his imdb page checking out all his acting credits and found nothing of that sorts. I already assumed he didn't do many dramatic movies, but i was right, they are mostly comedy or family films.
If you want to double check here's a link to his imdb page with a list of all his acting credits.
http://www.imdb.com/name/nm0000409/
edit: oh glad i helped in some way then, my mistake for not checking some of the made for TV movies. I checked 46,48 but skipped 47
well enjoy.
How can breaking out of a false imprisonment be harassment?!?
I'm in PA. I was trapped in a grocery store corner (I believe intentionally, but for the sake of argument) and couldn't get out (it was the gardening section). When I asked that customer at least 2-3 times ';excuse me'; he flat out refused to move. Not because he didn't hear me, but because he felt that I ';could have gone another way';. Because of the narrow aisles and the clutter, I couldn't. I requested excuse me and he refused. At that point I pushed through. The police officer who responded stated that I should have waited until the man felt like moving and that I ';should have stayed there all day and all week maybe'; (recorded statement from the officer). Nonetheless, he charged me with harassment because he stated that I ';hit [the man] in the leg with a buggy with the intention of harassing, annoying or alarming him when all I wanted to do was to get past, finish my shopping and get to my car (I have asthma) to get my inhaler and to get home to my children. Thanks.How can breaking out of a false imprisonment be harassment?!?
Make sure when you go to court for the harrasement charge, that you take a note form your dr. stating that you have asthma, what a jerk, and the mindless cop also!! If it was me I would get a lawyer, pro-bono!!!! sometimes things are so unfair, that why we need to go back to the old west, ways, its comming to that!!!How can breaking out of a false imprisonment be harassment?!?
What you are describing is not false imprisonment, it's rudeness. the guy was being a jerk, ABSOLUTELY, but you had no business putting your hands on him. I guess I can't see how you could be cornered in a grocery store without any way of going around, but that is just me.
In a lot of these cases, it all depends on who calls the cops first.
Your question is graphically stated. My opinion is that this situation is unusual. You are assuming here, that this person could hear, he may have been deaf. I think that this was a considerable lack of forethought on your part, and very rude for you to push past the person regardless. You were in your working day, and had plenty of time to wait for the gentleman to consider his purchase or otherwise before moving on. You appear to be a very young person unaccustomed to dealing with the public generally. I think that you have been watching too much telly and putting what you saw into practice, I feel that you are a little immature, and ned some more interpersonal experience, but I wish you well
Make sure when you go to court for the harrasement charge, that you take a note form your dr. stating that you have asthma, what a jerk, and the mindless cop also!! If it was me I would get a lawyer, pro-bono!!!! sometimes things are so unfair, that why we need to go back to the old west, ways, its comming to that!!!How can breaking out of a false imprisonment be harassment?!?
What you are describing is not false imprisonment, it's rudeness. the guy was being a jerk, ABSOLUTELY, but you had no business putting your hands on him. I guess I can't see how you could be cornered in a grocery store without any way of going around, but that is just me.
In a lot of these cases, it all depends on who calls the cops first.
Your question is graphically stated. My opinion is that this situation is unusual. You are assuming here, that this person could hear, he may have been deaf. I think that this was a considerable lack of forethought on your part, and very rude for you to push past the person regardless. You were in your working day, and had plenty of time to wait for the gentleman to consider his purchase or otherwise before moving on. You appear to be a very young person unaccustomed to dealing with the public generally. I think that you have been watching too much telly and putting what you saw into practice, I feel that you are a little immature, and ned some more interpersonal experience, but I wish you well
Is this considered by law as false imprisonment?
I was at work and I clocked-out. I was waiting for the team leader to arrive to unlock the door so I could leave. When she arrived she refused to unlock the door and let me out of the store until ten other people arrived to clock-out. I told her that I had to leave and the car waiting for me right outside the door in plain view was my ride home. And she said, ';I don't care.'; After twelve minutes had passed she opened the door and I left. I was off the clock and she had no right to keep me in the store against my will. Could this by Texas law be considered as an act of FALSE IMPRISONMENT?Is this considered by law as false imprisonment?
You leave out a LOT of important details.
There may be a way to squeeze this into a case of false imprisonment, but my advice is to keep quiet about it and get over it; grousing about it or threatening a lawsuit is a short way to make your future at that job - and your prospects for a future job elsewhere - go bad.Is this considered by law as false imprisonment?
I'm not sure. I am a little confused. 10 people.....car in plain view.....unlock.....clocked-out ...sorry, I don't think you can consider that false
imprisonment. But something sure sounds suspicious. Keep one eye open,,, just in case.short hair cut
You leave out a LOT of important details.
There may be a way to squeeze this into a case of false imprisonment, but my advice is to keep quiet about it and get over it; grousing about it or threatening a lawsuit is a short way to make your future at that job - and your prospects for a future job elsewhere - go bad.Is this considered by law as false imprisonment?
I'm not sure. I am a little confused. 10 people.....car in plain view.....unlock.....clocked-out ...sorry, I don't think you can consider that false
imprisonment. But something sure sounds suspicious. Keep one eye open,,, just in case.
Does Mexico owe appropriate compensation to Indian for false imprisonment?
MEXICO CITY – An Indian market vendor who was wrongly convicted of kidnapping and spent three years in prison deserves compensation for the time she was locked away, Amnesty International said Thursday.
';Nothing will replace the three years she lost, but it is vital that those responsible for this injustice be brought before justice, and that she receive an appropriate compensation,'; said Kerrie Howard, Amnesty International's deputy director for the Americas.
Jacinta Francisco Marcial, whose kidnapping conviction sparked an international protest, walked out of prison Wednesday after authorities decided not to contest an appeal of her 21-year sentence.
Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
';I didn't even know what kidnapping was,'; Marcial, 46, told reporters Thursday, speaking in a Spanish that she largely learned while in prison. ';I couldn't stop crying.';
Her lawyer Andres Diaz, who works with the Mexico-based Miguel Agustin Pro Juarez human rights center, said her legal team is considering bringing legal action against the government. Activists said her case was symbolic of the poor treatment meted out to Mexico's 6 million speakers of indigenous languages.
Amnesty International is demanding new trials for two other women convicted in the 2006 case, which began when federal agents raided a street market in the central state of Queretaro to confiscate pirated goods. During the incident, angry vendors surrounded the agents and briefly held them hostage, demanding to be paid for the loss of their merchandise. Marcial denied she played any role in detaining the agents.
The Attorney General's Office has said a review of her case turned up ';contradictions in the statements of federal agents.';
';From the evidence it is clear that some witnesses said they saw the defendant at the scene, others say they did not see her ... creating a reasonable doubt about her involvement,'; the office said in a statement. The statement said there was strong evidence against two other convicted women.
http://news.yahoo.com/s/ap/20090917/ap_o…Does Mexico owe appropriate compensation to Indian for false imprisonment?
When an illegal encounters those kind of problems here, Mexico demands swift action and when it happens in Mexico , Mexico is not held to any standard.Take for example,Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
Imagine the outrage if America did not furnish Mexicans right to translators in legal proceedings under current law, but none was apparently provided , I believe we would see Mexico demanding action and sending lawyers, filing lawsuits demanding justiceDoes Mexico owe appropriate compensation to Indian for false imprisonment?
She's a thief and probably a liar. Why presume innocence? So let her loose and it's ';time served'; for theft. What's next, gypsies claiming they don't know what pick-pocketing is?
No. What does this have to do with immigration?
';Nothing will replace the three years she lost, but it is vital that those responsible for this injustice be brought before justice, and that she receive an appropriate compensation,'; said Kerrie Howard, Amnesty International's deputy director for the Americas.
Jacinta Francisco Marcial, whose kidnapping conviction sparked an international protest, walked out of prison Wednesday after authorities decided not to contest an appeal of her 21-year sentence.
Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
';I didn't even know what kidnapping was,'; Marcial, 46, told reporters Thursday, speaking in a Spanish that she largely learned while in prison. ';I couldn't stop crying.';
Her lawyer Andres Diaz, who works with the Mexico-based Miguel Agustin Pro Juarez human rights center, said her legal team is considering bringing legal action against the government. Activists said her case was symbolic of the poor treatment meted out to Mexico's 6 million speakers of indigenous languages.
Amnesty International is demanding new trials for two other women convicted in the 2006 case, which began when federal agents raided a street market in the central state of Queretaro to confiscate pirated goods. During the incident, angry vendors surrounded the agents and briefly held them hostage, demanding to be paid for the loss of their merchandise. Marcial denied she played any role in detaining the agents.
The Attorney General's Office has said a review of her case turned up ';contradictions in the statements of federal agents.';
';From the evidence it is clear that some witnesses said they saw the defendant at the scene, others say they did not see her ... creating a reasonable doubt about her involvement,'; the office said in a statement. The statement said there was strong evidence against two other convicted women.
http://news.yahoo.com/s/ap/20090917/ap_o…Does Mexico owe appropriate compensation to Indian for false imprisonment?
When an illegal encounters those kind of problems here, Mexico demands swift action and when it happens in Mexico , Mexico is not held to any standard.Take for example,Mexico's Indians, many of whom don't speak Spanish, have a right to translators in legal proceedings under current law, but none was apparently provided to Marcial, an Otomi Indian, during the initial stages of her trial.
Imagine the outrage if America did not furnish Mexicans right to translators in legal proceedings under current law, but none was apparently provided , I believe we would see Mexico demanding action and sending lawyers, filing lawsuits demanding justiceDoes Mexico owe appropriate compensation to Indian for false imprisonment?
She's a thief and probably a liar. Why presume innocence? So let her loose and it's ';time served'; for theft. What's next, gypsies claiming they don't know what pick-pocketing is?
No. What does this have to do with immigration?
Does this situation constitute as false imprisonment?
My boyfriend stood in the middle of the hallway and his sister and little brother were right behind him. She told him to move once but he didn't respond, then she took a pen and stabbed him in the back. The cops were called, and they wrote him a domestic violence victim form. Thirty minutes later, they decided that his sister was the victim instead and ended up arresting my boyfriend on the count of false imprisonment. I was under the impression false imprisonment is a form of kidnapping. Is standing in someone's way actually jepordizing their well-being or putting them in harm?Does this situation constitute as false imprisonment?
Any time someone is held against their will without just cause, it is false imprisonment.Does this situation constitute as false imprisonment?
If he blocked her way and refused to move so that she was free to leave, it is false imprisonment if he has no legal right to detain her.
Yes, that can very well qualify.
Any time someone is held against their will without just cause, it is false imprisonment.Does this situation constitute as false imprisonment?
If he blocked her way and refused to move so that she was free to leave, it is false imprisonment if he has no legal right to detain her.
Yes, that can very well qualify.
Another question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
Thank you all for answering my previous question about False Imprisonment. For those of you who need a synopsis of my motives for asking this, basically, it's a case where my friend wants to go to Church, and the husband blocks the doorway of the bedroom and confines her against her will so she doesn't go. After 20 minutes or so, after cohercing her into saying ';ok, fine, I won't go to church';, he lets her out of the room, but is behind her all the time to make sure she doesn't ';run out'; of the house. He'll go and guard the front door, or the back door of the trailer (they live in a trailer).
So, several of you answered that this DOES, in fact, constitute a case of False Imprisonment.
My next question would be: Under North Carolina law, would this constitute a case of False Imprisonment? How could I find out?
ThanksAnother question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
http://www.eldersafe.net/statutes1.html
Confinement
The abuser/suspect holds another person against his/her will and/or engages in behavior which results in the person’s inability to freely move about or seek assistance. Confinement defined is, “some form of imprisonment within a given area such as a room, a house, or a vehicle.”
(294 N.C. 503)Another question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
If someone wrongfully prevents someone else from leaving a room, a vehicle, or a building when that person wants to leave, this is false imprisonment. This can apply to family members if the person desiring to leave is an adult.
http://criminal-law.freeadvice.com/viole…
This is a really grey area. The husband's actions are not clear - either he is just exercising his matrimonial rights and trying to make an argument - or he is committing domestic abuse.
Problem here is her fear level. If she is just resigned that she cannot get through the door because he's in the way, that's one thing. If she fears that he will do physical harm to her if she tries to get past him, that's another entirely.
There is no law against being a bully in your own house - although it's good grounds for divorcing the asshole. I think she should get a deputy to escort her to a safe place and never go back.
I do not think this constitutes false imprisonment, though.
- Stuart
So, several of you answered that this DOES, in fact, constitute a case of False Imprisonment.
My next question would be: Under North Carolina law, would this constitute a case of False Imprisonment? How could I find out?
ThanksAnother question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
http://www.eldersafe.net/statutes1.html
Confinement
The abuser/suspect holds another person against his/her will and/or engages in behavior which results in the person’s inability to freely move about or seek assistance. Confinement defined is, “some form of imprisonment within a given area such as a room, a house, or a vehicle.”
(294 N.C. 503)Another question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
If someone wrongfully prevents someone else from leaving a room, a vehicle, or a building when that person wants to leave, this is false imprisonment. This can apply to family members if the person desiring to leave is an adult.
http://criminal-law.freeadvice.com/viole…
This is a really grey area. The husband's actions are not clear - either he is just exercising his matrimonial rights and trying to make an argument - or he is committing domestic abuse.
Problem here is her fear level. If she is just resigned that she cannot get through the door because he's in the way, that's one thing. If she fears that he will do physical harm to her if she tries to get past him, that's another entirely.
There is no law against being a bully in your own house - although it's good grounds for divorcing the asshole. I think she should get a deputy to escort her to a safe place and never go back.
I do not think this constitutes false imprisonment, though.
- Stuart
Would this be false imprisonment under tort law in Michigan?
If a company (or a particular branch of a business) has a regular habit of having the nighttime manager lock the doors at closing time then require employees to wait to be let out, could it be construed as false imprisonment under tort law? I am not talking 5 minutes or even 10, but sometimes between 15 and 30 minutes? I don't want to sue, just have enough to back me when I say HEY my feet are tired, you aren't paying me anymore because you made me punch out and I want to go home. The doors are locked and alarms set. There are fire exits, however to use one would trigger an alarm and would likely result in disciplinary action for compromising security. This is a retail store.
My feelings are that the manager knows when people are scheduled to get off based on the schedule and SHOULD be at the door within 5 minutes of that time to let people out. Any thoughts?Would this be false imprisonment under tort law in Michigan?
It actually is not false imprisonment or unlawful confinement. However you may have an issue to talk about the department of labor about. It does not seem to be anything illegal, but maybe borderline.Would this be false imprisonment under tort law in Michigan?
Wow. That doesn't sound legal at all. I don't know about ';tort law,'; but they're probably breaking some kind of law. Since it's a crime to set off a fire alarm in absence of a fire, they're creating a situation where you'd have to break a law just to go outside. Maybe you should call OSHA?
My feelings are that the manager knows when people are scheduled to get off based on the schedule and SHOULD be at the door within 5 minutes of that time to let people out. Any thoughts?Would this be false imprisonment under tort law in Michigan?
It actually is not false imprisonment or unlawful confinement. However you may have an issue to talk about the department of labor about. It does not seem to be anything illegal, but maybe borderline.Would this be false imprisonment under tort law in Michigan?
Wow. That doesn't sound legal at all. I don't know about ';tort law,'; but they're probably breaking some kind of law. Since it's a crime to set off a fire alarm in absence of a fire, they're creating a situation where you'd have to break a law just to go outside. Maybe you should call OSHA?
Question about False Imprisonment....please answer if you KNOW!!!?
Hi. My friend is in a situation where she started going to a church and her husband doesn't want her to go because he thinks she is going to find another man there. So, lately, it's happened that she's in the bathroom of her bedroom, getting ready to go to Church, and when she comes out of the bathroom, he is standing by the door of the bedroom (that leads to the hallway) and he blocks the door and says ';You're not going anywhere';. And she will ask him to please move so she can leave and he says ';No, and if you try to move me, I could beat you up..how's that?'; So, this back-and-forth thing will go on for 15 minutes until she finally says ';ok, I won't go to Church';. So, finally he gets out of the doorway, but anywhere she goes in the house he's behind her and is constantly standing by the front or back door to ensure that she doesn't try to ';run out';.
But, last week she finally got sick of it and she broke free and went to church (hooray), and he got mad and insulted her pretty bad when she got home.
My question is this: When he tries to impede her from leaving the room in the manner that I described above, is this ';False Imprisonment';?Question about False Imprisonment....please answer if you KNOW!!!?
You say the family is Mexican but where is this happening?
In the U.K. this would certainly be false imprisonment, as I've heard of other cases where someone has been forced to stay somewhere against their will.
In the U.S., Federal Laws are similar to U.K. laws, so I think it would be the same. The threat of force adds to the likelihood that it would be the same. But threatening to beat her up is definitely a crime in both nations. And her husband is interfering with her religion, which can probably result in a charge under Federal Law.
I could look up stuff on wikipedia, but anyone can edit that. I've just seen an article on there claiming Wiccans wear skirts as robes. I've been a Wiccan for years, I think I'd know if that was true (it isn't).
I could also keep looking all over the internet. But in short, people on Yahoo Answers are not lawyers, nor the police.
The best way for your friend to find out for certain would be for you or her to report her husband to the police. If they arrest him, what he's doing is probably illegal. If not, then it probably isn't. But they should at least arrest him for threatening behaviour.
But anyway, just found this:
'False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.' - from an American criminal law and DUI website.
SO YES, IT SEEMS IT IS FALSE IMPRISONMENT UNDER U.S. LAW, AND IS THEREFORE ILLEGAL.
But if you want answer related to Mexican Law, please contact me or post your answer under in the Mexican version of Yahoo Answers (if there is one).Question about False Imprisonment....please answer if you KNOW!!!?
Yes it is false imprisonment. It doesn't matter if they are married, if you use force or the threat of force to prevent a person for moving about freely then it is false imprisonment. If he takes her somewhere it is kidnapping. If he so much as touches her it is assault as well. She needs to get the police involved, her husband is a nutjob.
No. **** no. It's just an overbearing husband and I doubt that this situation is really like you described.
Possibly, either way she needs to divorce the guy, go to a shelter for women.
In California law, yes. According to California Penal Code Section 236, ';False imprisonment is the unlawful violation of the personal liberty of another.'; However, the husband may also be charged with California Penal Code 422, Terrorist Threat ';Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.'; If the husband touches her it's domestic violence under 273.5 or 243, depending on the level of violence. These laws are common and exist in every state in one form or another.
But, last week she finally got sick of it and she broke free and went to church (hooray), and he got mad and insulted her pretty bad when she got home.
My question is this: When he tries to impede her from leaving the room in the manner that I described above, is this ';False Imprisonment';?Question about False Imprisonment....please answer if you KNOW!!!?
You say the family is Mexican but where is this happening?
In the U.K. this would certainly be false imprisonment, as I've heard of other cases where someone has been forced to stay somewhere against their will.
In the U.S., Federal Laws are similar to U.K. laws, so I think it would be the same. The threat of force adds to the likelihood that it would be the same. But threatening to beat her up is definitely a crime in both nations. And her husband is interfering with her religion, which can probably result in a charge under Federal Law.
I could look up stuff on wikipedia, but anyone can edit that. I've just seen an article on there claiming Wiccans wear skirts as robes. I've been a Wiccan for years, I think I'd know if that was true (it isn't).
I could also keep looking all over the internet. But in short, people on Yahoo Answers are not lawyers, nor the police.
The best way for your friend to find out for certain would be for you or her to report her husband to the police. If they arrest him, what he's doing is probably illegal. If not, then it probably isn't. But they should at least arrest him for threatening behaviour.
But anyway, just found this:
'False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.' - from an American criminal law and DUI website.
SO YES, IT SEEMS IT IS FALSE IMPRISONMENT UNDER U.S. LAW, AND IS THEREFORE ILLEGAL.
But if you want answer related to Mexican Law, please contact me or post your answer under in the Mexican version of Yahoo Answers (if there is one).Question about False Imprisonment....please answer if you KNOW!!!?
Yes it is false imprisonment. It doesn't matter if they are married, if you use force or the threat of force to prevent a person for moving about freely then it is false imprisonment. If he takes her somewhere it is kidnapping. If he so much as touches her it is assault as well. She needs to get the police involved, her husband is a nutjob.
No. **** no. It's just an overbearing husband and I doubt that this situation is really like you described.
Possibly, either way she needs to divorce the guy, go to a shelter for women.
In California law, yes. According to California Penal Code Section 236, ';False imprisonment is the unlawful violation of the personal liberty of another.'; However, the husband may also be charged with California Penal Code 422, Terrorist Threat ';Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.'; If the husband touches her it's domestic violence under 273.5 or 243, depending on the level of violence. These laws are common and exist in every state in one form or another.
Can i sue for false imprisonment? professional answers only please.? unless you know employment opertunities.?
ok i was walking down the street late at night with a buddy of mine and we were pulled over because some cars were broken into. the cop noticed i had a cut on my hands (i had fallen down previously but the cut healed in a day). were were arrested and in jail friday, saterday, and sunday, released monday. the charges were dropped to car prowling and then dropped for lack of evidence. is this false imprisonment and can i sue.
for the record being locked up cost me time to look for jobs, a place to stay and my integrety. the date was the 23rd of august ans i will be homless on the 1st if i didnt do the above mentined quick. due to my parents moving into only a two bedroom and there no room for me so i dont saound totaly lame i missed job call backs but still looking for employment. Can i sue for false imprisonment? professional answers only please.? unless you know employment opertunities.?
By the sounds of it, although it sucks, it sounds like the police had probable cause to take you in, and given the fact that they were looking for someone smashing into cars and that you had fresh wounds on you, that you could possibly be who they were looking for. They do have a right to detain for a reasonable length of time, and given that your court date was probably monday morning, then if being taken in on a friday night, it means that your weekend is spend in lockup.
All in all, you could try a case for false imprisonment, but that means you need to get a lawyer, and by the time this all plays out, chances are you probably won't win (it does sound like the police were legit), now, your jobless, homeless, and owe a bunch of attorney fees--Are you really winning anything here?
I'm sorry about your circumstances, and good luck.Can i sue for false imprisonment? professional answers only please.? unless you know employment opertunities.?
You would most likely lose this court case because you
weren't actually imprisoned, You were only detained, I myself am a lawyer and sadly an ex juvenile felon and you would most likely lose this case.
also keep in mind it's never really a good idea to file a lawsuit against police or city because the chances are you will most likely lose unless there is very great evidence.
Best of wishes,
Jack
No not only for a few days, a court will only consider to listen to people who have been in jail for a certain amount of years.
You weren't imprisoned (by definition) you were detained under reasonable suspicion.
You would have no case and no sympathetic ears on the court.
Sorry
They had ';resonable cause'; to hold you for 72 hours. You shouldn't have been wandering around late at night.
Most of the time, governments cannot be sued in state courts because they are immune. Now in federal court, you might allege your civil liberties were infringed upon, but based on the facts of your case, we are talking about a limited period of time (although it may have been an important few days to you) and a federal court has no relief to grant you. You're out of jail, you didn't really spend any money, and likely aren't going to be harmed in the future. As such, there is not case in my opinion.short hair cut
for the record being locked up cost me time to look for jobs, a place to stay and my integrety. the date was the 23rd of august ans i will be homless on the 1st if i didnt do the above mentined quick. due to my parents moving into only a two bedroom and there no room for me so i dont saound totaly lame i missed job call backs but still looking for employment. Can i sue for false imprisonment? professional answers only please.? unless you know employment opertunities.?
By the sounds of it, although it sucks, it sounds like the police had probable cause to take you in, and given the fact that they were looking for someone smashing into cars and that you had fresh wounds on you, that you could possibly be who they were looking for. They do have a right to detain for a reasonable length of time, and given that your court date was probably monday morning, then if being taken in on a friday night, it means that your weekend is spend in lockup.
All in all, you could try a case for false imprisonment, but that means you need to get a lawyer, and by the time this all plays out, chances are you probably won't win (it does sound like the police were legit), now, your jobless, homeless, and owe a bunch of attorney fees--Are you really winning anything here?
I'm sorry about your circumstances, and good luck.Can i sue for false imprisonment? professional answers only please.? unless you know employment opertunities.?
You would most likely lose this court case because you
weren't actually imprisoned, You were only detained, I myself am a lawyer and sadly an ex juvenile felon and you would most likely lose this case.
also keep in mind it's never really a good idea to file a lawsuit against police or city because the chances are you will most likely lose unless there is very great evidence.
Best of wishes,
Jack
No not only for a few days, a court will only consider to listen to people who have been in jail for a certain amount of years.
You weren't imprisoned (by definition) you were detained under reasonable suspicion.
You would have no case and no sympathetic ears on the court.
Sorry
They had ';resonable cause'; to hold you for 72 hours. You shouldn't have been wandering around late at night.
Most of the time, governments cannot be sued in state courts because they are immune. Now in federal court, you might allege your civil liberties were infringed upon, but based on the facts of your case, we are talking about a limited period of time (although it may have been an important few days to you) and a federal court has no relief to grant you. You're out of jail, you didn't really spend any money, and likely aren't going to be harmed in the future. As such, there is not case in my opinion.
A felony of False imprisonment, a misdemeanor of child-welfare& spousal abuse could he face prison time? ?
If someone is charged with a 1 felony of False Imprisonment, and two misdamenors of Child Welfare, and Spousal Abuse, this is his first offense is he looking at prison time? No charges are going to be filed from his wife and the injuries were not bad whatsoever. He is enrolling in Anger Managment and Marriage counseling before his first court date...please your adivce is vital! A felony of False imprisonment, a misdemeanor of child-welfare%26amp; spousal abuse could he face prison time? ?
if this person has a record false imprisonment or not , and the fact that his wife don't file charges don't mean the state wont , hitting on your wife / husband a little is still way to much, cause a child to be harmed in any shape or form is wrong and now this person is taking anger management classes , is that all for SHOW. there could be a very good chance of doing time. A felony of False imprisonment, a misdemeanor of child-welfare%26amp; spousal abuse could he face prison time? ?
There's a strong chance he is going to get some time. Usually if the police see physical evidence (bruises, scares or blood) the charges will stick whether you prosecute or not. As for the child welfare abuse I hope he gets time for that. Sorry if this didn't suit you but sometimes people push too far and the system has to push back.
Stop making excuses for him. False Imprisonment means that they did not have the right circumstances to charge him with kidnapping. He does face up tp ten years imprisonment. If it is his first offense and you dont cooperate with the DA then he will probably end up with like 3 years probation. And this is the first time he got caught but is it the first time it happened. Think of your child
Why don't you ask his lawyer? He or she knows the laws in your state better than we do. Or better yet, let him ask his lawyer, since this is his problem, not yours. I can't count the number of clients we have that are repeat customers because mommy or daddy keep bailing them out. He's big enough to do the crime, he should be big enough to do the time and not have mommy running to his rescue.
He will probably get felony probation....
Felony's usually result in prison time. I hope he rots in there.
I don't know if he will or not, but I hope he does go to prision.
if this person has a record false imprisonment or not , and the fact that his wife don't file charges don't mean the state wont , hitting on your wife / husband a little is still way to much, cause a child to be harmed in any shape or form is wrong and now this person is taking anger management classes , is that all for SHOW. there could be a very good chance of doing time. A felony of False imprisonment, a misdemeanor of child-welfare%26amp; spousal abuse could he face prison time? ?
There's a strong chance he is going to get some time. Usually if the police see physical evidence (bruises, scares or blood) the charges will stick whether you prosecute or not. As for the child welfare abuse I hope he gets time for that. Sorry if this didn't suit you but sometimes people push too far and the system has to push back.
Stop making excuses for him. False Imprisonment means that they did not have the right circumstances to charge him with kidnapping. He does face up tp ten years imprisonment. If it is his first offense and you dont cooperate with the DA then he will probably end up with like 3 years probation. And this is the first time he got caught but is it the first time it happened. Think of your child
Why don't you ask his lawyer? He or she knows the laws in your state better than we do. Or better yet, let him ask his lawyer, since this is his problem, not yours. I can't count the number of clients we have that are repeat customers because mommy or daddy keep bailing them out. He's big enough to do the crime, he should be big enough to do the time and not have mommy running to his rescue.
He will probably get felony probation....
Felony's usually result in prison time. I hope he rots in there.
I don't know if he will or not, but I hope he does go to prision.
Tort law (false imprisonment) question?
A butcher instructs his employee to go to the freezer to check inventory at the end of the day. He forgets the employee, locks the freezer and closes the shop. When he gets to his car, he remembers the employee, returns immediately and lets the employee out. Is he liable for false imprisonment? Can you give me a bluebook citation for your answer...*referring to restatement (second) of torts*
Thanks!Tort law (false imprisonment) question?
No! False imprisonment, being an intentional tort, requires intent. There's no intent in your scenario.
Read Restatement section 8A for definition of intent.
Thanks!Tort law (false imprisonment) question?
No! False imprisonment, being an intentional tort, requires intent. There's no intent in your scenario.
Read Restatement section 8A for definition of intent.
Can i sue the city for false arrest and imprisonment?
my husband was arrested on a false charge for possestion of stolen property and he didn't have anything on him at the time of the arrestCan i sue the city for false arrest and imprisonment?
Negligent government officials could be held liable for errors in arrests and imprisonment.Can i sue the city for false arrest and imprisonment?
yes but you are going to need a lot of evidence. start with where he got picked up and see if it was caught on film or witnessed by anyone else. my boyfriend had a similar dilemma where he was charged with paraphernalia for having a pack of rolling papers, which is only a plausible charge if he had marijuana on him, but he didn't. the charges were dropped when i got a copy of the gas station tape where the police officer clearly emptied my boyfriend's pockets onto the hood of his car. unfortunately, the cops didn't get into any trouble for being a bunch of freakin liars!
Was he actually arrested or just taken into custody and questioned?
There is a big difference.
Yes you can, the police make mistakes to.
Yes you can.
HELL YEAH YOU CAN
Yea.. that happens all the time. Sue the sheeet of out them.
(Sarcasm.)
the police generally can hold someone for 24 hours. Or untill they go in front of a judge.
I wold say that you could.
Negligent government officials could be held liable for errors in arrests and imprisonment.Can i sue the city for false arrest and imprisonment?
yes but you are going to need a lot of evidence. start with where he got picked up and see if it was caught on film or witnessed by anyone else. my boyfriend had a similar dilemma where he was charged with paraphernalia for having a pack of rolling papers, which is only a plausible charge if he had marijuana on him, but he didn't. the charges were dropped when i got a copy of the gas station tape where the police officer clearly emptied my boyfriend's pockets onto the hood of his car. unfortunately, the cops didn't get into any trouble for being a bunch of freakin liars!
Was he actually arrested or just taken into custody and questioned?
There is a big difference.
Yes you can, the police make mistakes to.
Yes you can.
HELL YEAH YOU CAN
Yea.. that happens all the time. Sue the sheeet of out them.
(Sarcasm.)
the police generally can hold someone for 24 hours. Or untill they go in front of a judge.
I wold say that you could.
Is this false imprisonment? Was held against my will at work... Need help!?
Ok, I won't give all the details, but here is sorta what happened, in a nutshell...
So tonight, I was at work and some work didn't get done. It wasn't work from my department, and it was work that the MANAGER didn't have other people do, when there were plenty of free people on the floor.
When the store closed, and it was past the time we were scheduled to, the MANAGER told us that we had to stay and do the work, and we weren't allowed to leave. He locked the doors and would not let us out. They even had security near the doors so we couldn't leave.
Many people BEGGED to leave, and had real reasons as to why they had to.
The majority of the workers are minors, as well.
We were compensated, but didn't have the choice to leave. We should have been able to leave after our scheduled time, right? Isn't that some sort of contract?
Does this break some sort of Labor Law... Is it false imprisonment?
Also, I work in a right to work state, if that makes a difference.Is this false imprisonment? Was held against my will at work... Need help!?
You should start carrying pepper spray. And you should have called the police.Is this false imprisonment? Was held against my will at work... Need help!?
I hope you have since QUIT this job. Yes, it is false imprisonment. If you are a minor, then labor laws will apply as well, since (at least where I am) minors can't work past 9PM and can only work a certain number of hours per day.
Report this to the cops, get your parents to help, and be prepared to lose your job if you haven't already quit.
Don't let someone treat you like this, in any situation. You have the RIGHT to leave when you so choose, especially if you scheduled time is up. The manager could have asked you to stay, but not forced it.
Locked door is definitely false imprisonment AND life endangerment! What if there a fire broke out and then all of you would have got hurt because of the manager. By the way, the overtime is compensated by the stated rate and a half.
File charges for false imprisonment and life endangerment. You have plenty of witnesses.
Yes. You should be allowed to leave at any time you wish. This is just crazy.
It is illegal to hold a person against their will. This isn't a labor law, but could apply the same as any other action. Any charges would be up to the police and prosecutor.
However, unless this change in hours violates a labor law, they can demained that you work past your scheduled time. You have the choice to stay and work or leave. And they have the choice to continue your employment or fire you. (How bad do you need this job?)
The next time someone does this, call the police and report it. I bet they let you out.
leave china now
Yes.
Although, the final decision is up to the Judge and / or Jury with a healthy dose of persuasion by legal counsel.
Check it out with the police.
where are you located?
did you contact the US Dept. of Labor?
honestly they could have been within their rights - so you may want to check for sure. But you should have had the option to quit the job and leave, so this seems illegal to me.
Call the police, and have other fellow workers call the police. What he did is ILLEGAL in ANY STATE, PERIOD!!! You cannot LOCK somebody inside a workplace and retain them there against their will. File Charges against him!!
Contact a lawyer first. Then you should contact your companies Human Resource department and ask if this is common with the company. They know they law for your state and when they start acting funny then you know you have a case. The manager should know his job, H.R. could be a good start in getting rid of this manager. My motto...'Managers---Who needs 'em?'
sounds like you were a slave for that part of your shift. well if you want to take it that far yes it was false imprisonment. you manager can get into lots of trouble for that. you should probably nip it in the butt before he feel confident about doing it again
if it happens again...use a fire exit - or call 911 seriously! In the mean time call the dept. of labor. Is this a major retailer?
So tonight, I was at work and some work didn't get done. It wasn't work from my department, and it was work that the MANAGER didn't have other people do, when there were plenty of free people on the floor.
When the store closed, and it was past the time we were scheduled to, the MANAGER told us that we had to stay and do the work, and we weren't allowed to leave. He locked the doors and would not let us out. They even had security near the doors so we couldn't leave.
Many people BEGGED to leave, and had real reasons as to why they had to.
The majority of the workers are minors, as well.
We were compensated, but didn't have the choice to leave. We should have been able to leave after our scheduled time, right? Isn't that some sort of contract?
Does this break some sort of Labor Law... Is it false imprisonment?
Also, I work in a right to work state, if that makes a difference.Is this false imprisonment? Was held against my will at work... Need help!?
You should start carrying pepper spray. And you should have called the police.Is this false imprisonment? Was held against my will at work... Need help!?
I hope you have since QUIT this job. Yes, it is false imprisonment. If you are a minor, then labor laws will apply as well, since (at least where I am) minors can't work past 9PM and can only work a certain number of hours per day.
Report this to the cops, get your parents to help, and be prepared to lose your job if you haven't already quit.
Don't let someone treat you like this, in any situation. You have the RIGHT to leave when you so choose, especially if you scheduled time is up. The manager could have asked you to stay, but not forced it.
Locked door is definitely false imprisonment AND life endangerment! What if there a fire broke out and then all of you would have got hurt because of the manager. By the way, the overtime is compensated by the stated rate and a half.
File charges for false imprisonment and life endangerment. You have plenty of witnesses.
Yes. You should be allowed to leave at any time you wish. This is just crazy.
It is illegal to hold a person against their will. This isn't a labor law, but could apply the same as any other action. Any charges would be up to the police and prosecutor.
However, unless this change in hours violates a labor law, they can demained that you work past your scheduled time. You have the choice to stay and work or leave. And they have the choice to continue your employment or fire you. (How bad do you need this job?)
The next time someone does this, call the police and report it. I bet they let you out.
leave china now
Yes.
Although, the final decision is up to the Judge and / or Jury with a healthy dose of persuasion by legal counsel.
Check it out with the police.
where are you located?
did you contact the US Dept. of Labor?
honestly they could have been within their rights - so you may want to check for sure. But you should have had the option to quit the job and leave, so this seems illegal to me.
Call the police, and have other fellow workers call the police. What he did is ILLEGAL in ANY STATE, PERIOD!!! You cannot LOCK somebody inside a workplace and retain them there against their will. File Charges against him!!
Contact a lawyer first. Then you should contact your companies Human Resource department and ask if this is common with the company. They know they law for your state and when they start acting funny then you know you have a case. The manager should know his job, H.R. could be a good start in getting rid of this manager. My motto...'Managers---Who needs 'em?'
sounds like you were a slave for that part of your shift. well if you want to take it that far yes it was false imprisonment. you manager can get into lots of trouble for that. you should probably nip it in the butt before he feel confident about doing it again
if it happens again...use a fire exit - or call 911 seriously! In the mean time call the dept. of labor. Is this a major retailer?
Mother of Shannon Matthews charged with kidnap and false imprisonment..... ?
What's all that about?Mother of Shannon Matthews charged with kidnap and false imprisonment..... ?
she allowed her daughter to be falsely imprisoned, she concocted the whole thing for money bring back stoning i say....Mother of Shannon Matthews charged with kidnap and false imprisonment..... ?
I think she orchestrated the whole debacle after seeing the McCanns get so much money, and thought she'd try it herself.
There were reports at the time that said Shannon had told her Mum AND real Dad that she wanted to go and live with him, and speculation that she had gone that way the day she was abducted.
If that's the case, then the idea that Karen Matthews took her against her will is quite plausible. She knew where her daughter was for the duration that she was ';missing'; too - thus at the very least aiding and abetting the man holding her, or possibly making her stay there herself.
Whatever the truth, little Shannon is much better off now, and unfortunately in our justice system, Karen Matthews will likely get off lightly relative to what she did.
Just remember some people plead through the media for their child's return, doing so, knowing that it is a lie from start to finish and that they have had their hand in it? Does this strike a cord with you?
Shannon Mathews should be returned to her real father, maybe then she can be looked after properly, and out of harms way.
because karen matthews knew where her daughter was all the time and had planned it all to make money off people sending in donations to help find her.
i have just been released from hmp newhall where karen matthews is on remand. she is down the block for her own safety. if the other inmates get hold of her they will kill. if other prisoners dont agree with what she did then that says alot.
I have just heard on the news that they have pleaded 'not guilty' to all charges.
I can only hope that if that little girl is forced to testify the Judge gives them the maximum penalty allowable under the law!
Edit.
Does anyone really believe that a jury will reach a 'not guilty' verdict?
The whole case is totally bizarre. I doubt that anyone will ever get right to the bottom of it. I just hope that the little girl and her brothers and sisters are safe and happy.
you dont remember how she stood outside her house making out her daughter had been snatched, only to find that she had hidden her at her father-in-law's house.
This is an awful story. And there were stories saying that Mrs Matthews was going to run off with Mr Donovan (Craig Meehan - her 'boyfriend''s uncle)...
They have lied through their back teeth from beginning to end. I hope they all have the book thrown at them. They are all compulsive LIARS!!!!
It's so wrong how could she let it happen i knew all along it was a fix!!
And she denies it??? Beggars belief!!
You don't understand what's written? Why, don't just find the full context news
I guess she was involved in the whole thing, what a sad state of affairs :0)
they deserve to go to prison if you ask me
she allowed her daughter to be falsely imprisoned, she concocted the whole thing for money bring back stoning i say....Mother of Shannon Matthews charged with kidnap and false imprisonment..... ?
I think she orchestrated the whole debacle after seeing the McCanns get so much money, and thought she'd try it herself.
There were reports at the time that said Shannon had told her Mum AND real Dad that she wanted to go and live with him, and speculation that she had gone that way the day she was abducted.
If that's the case, then the idea that Karen Matthews took her against her will is quite plausible. She knew where her daughter was for the duration that she was ';missing'; too - thus at the very least aiding and abetting the man holding her, or possibly making her stay there herself.
Whatever the truth, little Shannon is much better off now, and unfortunately in our justice system, Karen Matthews will likely get off lightly relative to what she did.
Just remember some people plead through the media for their child's return, doing so, knowing that it is a lie from start to finish and that they have had their hand in it? Does this strike a cord with you?
Shannon Mathews should be returned to her real father, maybe then she can be looked after properly, and out of harms way.
because karen matthews knew where her daughter was all the time and had planned it all to make money off people sending in donations to help find her.
i have just been released from hmp newhall where karen matthews is on remand. she is down the block for her own safety. if the other inmates get hold of her they will kill. if other prisoners dont agree with what she did then that says alot.
I have just heard on the news that they have pleaded 'not guilty' to all charges.
I can only hope that if that little girl is forced to testify the Judge gives them the maximum penalty allowable under the law!
Edit.
Does anyone really believe that a jury will reach a 'not guilty' verdict?
The whole case is totally bizarre. I doubt that anyone will ever get right to the bottom of it. I just hope that the little girl and her brothers and sisters are safe and happy.
you dont remember how she stood outside her house making out her daughter had been snatched, only to find that she had hidden her at her father-in-law's house.
This is an awful story. And there were stories saying that Mrs Matthews was going to run off with Mr Donovan (Craig Meehan - her 'boyfriend''s uncle)...
They have lied through their back teeth from beginning to end. I hope they all have the book thrown at them. They are all compulsive LIARS!!!!
It's so wrong how could she let it happen i knew all along it was a fix!!
And she denies it??? Beggars belief!!
You don't understand what's written? Why, don't just find the full context news
I guess she was involved in the whole thing, what a sad state of affairs :0)
they deserve to go to prison if you ask me
Negligent False Imprisonment?
By definition of the law, Is it possible to negligently falsely imprison somebody? Is there another name for this? An example that arises in law classes is the case of a Walmart consumer being accused of shoplifting and held in detention for an unreasonable amount of time. Maybe I'm thinking of the wrong tort. Can someone help me? Does anyone know the name of this specific case?Negligent False Imprisonment?
No. False imprisonment is an intentional tort. Your example is false imprisonment.short hair cut
No. False imprisonment is an intentional tort. Your example is false imprisonment.
Does this constitutes FALSE IMPRISONMENT?
if a person is unlawfully restricted from leaving a country will it constitute false imprisonment. please give some citation or authority to support your answer. pleaseDoes this constitutes FALSE IMPRISONMENT?
No, as long as there is an investigation on going anyone could be asked to limit travel. This is not false imprisonment since you are technically not in prison. You are just not allowed to leave a certain area.
No, as long as there is an investigation on going anyone could be asked to limit travel. This is not false imprisonment since you are technically not in prison. You are just not allowed to leave a certain area.
False imprisonment is a tort only if confinement is unjustified.?
true or falseFalse imprisonment is a tort only if confinement is unjustified.?
You don't give enough information for a factual answer. I am assuming you are talking about being arrested and held by a government agency on unsubstantiated charges? This is very iffy as the government has certain protections afforded it that you or I as normal citizens do not have. Just because a citizen is held by the government on an invalid charge does not guarantee remittance or damages to the injured party.
If you're talking about spies, terrorist and what-not; that is a different story. These folks are not afforded protection under the constitution and can be held indefinitely; kind of like if you were busted in a non-democratic country.
I would have to say false to your question because one can sue any government agency or individual in this country; you didn't say you had to have a viable case.False imprisonment is a tort only if confinement is unjustified.?
Check Prosser's book on Torts.
False. The imprisonment can be justified but still not proper because of prior circumstances of the manner in which the imprisonment occurred.
True, if the confinement is justafied it is not false imprisonement.
Yes, and if someone is unjustly held in prison then they should definately take it to court.
You don't give enough information for a factual answer. I am assuming you are talking about being arrested and held by a government agency on unsubstantiated charges? This is very iffy as the government has certain protections afforded it that you or I as normal citizens do not have. Just because a citizen is held by the government on an invalid charge does not guarantee remittance or damages to the injured party.
If you're talking about spies, terrorist and what-not; that is a different story. These folks are not afforded protection under the constitution and can be held indefinitely; kind of like if you were busted in a non-democratic country.
I would have to say false to your question because one can sue any government agency or individual in this country; you didn't say you had to have a viable case.False imprisonment is a tort only if confinement is unjustified.?
Check Prosser's book on Torts.
False. The imprisonment can be justified but still not proper because of prior circumstances of the manner in which the imprisonment occurred.
True, if the confinement is justafied it is not false imprisonement.
Yes, and if someone is unjustly held in prison then they should definately take it to court.
False imprisonment is a form of what kind of abuse?
Government Corruption.False imprisonment is a form of what kind of abuse?
It abusing the alter ego of being innocent, which is a cover for the denial of your true self.
It abusing the alter ego of being innocent, which is a cover for the denial of your true self.
What is false Imprisonment?
For school reading i was given the theme of false liberation. Im suppose to look into my book and find examples of false liberation, but im not sure what that is.What is false Imprisonment?
I think you are really asking about ';false liberation';. This seems to be and idiom applied to a situation where somebody is being liberated from social restraints, as in the women's movement, but in the process is becoming a new tormenter. So a woman who is trying to get equality reverses roles and seeks domination over a man instead of mere equality. So instead of pure ';liberation';, we get role reversal.
As an example, in the French Revolution, the monarchy was overthrown, only to be replaced by the ';Terror'; and then Napoleon who was responsible for far more death and oppression than the French monarchy previous.
In human behaviour, sometimes the reaction is much stronger than the action. This is an interesting topic.
I think you are really asking about ';false liberation';. This seems to be and idiom applied to a situation where somebody is being liberated from social restraints, as in the women's movement, but in the process is becoming a new tormenter. So a woman who is trying to get equality reverses roles and seeks domination over a man instead of mere equality. So instead of pure ';liberation';, we get role reversal.
As an example, in the French Revolution, the monarchy was overthrown, only to be replaced by the ';Terror'; and then Napoleon who was responsible for far more death and oppression than the French monarchy previous.
In human behaviour, sometimes the reaction is much stronger than the action. This is an interesting topic.
Anyone know about the problems in china with false imprisonment etc plz? it's for homework...?
I'm doing my ';changes'; project on china, the change which people want to occur.
i know there is the death penalty, false imprisonment and people are treated badly in prison... and people aren't allowed to go on the internet or have any contact with the outside world?
i'm struggling because i'm not very clued up on the problems in china so please will you help me? full stars and i'll answer all questions for who ever gives the best answer, cheers.Anyone know about the problems in china with false imprisonment etc plz? it's for homework...?
There are too many issues in Chinese prisons as you have aptly hinted. People are imprisoned on petty pretexts like disagreement with the policies of the Communist Party and they do not get much of a legal advise. The cases are mostly decided unilaterally.
Torture and ';re-education through labor'; are one of the most common thing in Chinese prisons. Methods of torture include severe beating, kicking, electric shocks, hanging by the arms, shackling in painful positions, exposure to extreme heat or cold, sleep and food deprivation. Prison conditions are harsh, often with long hours of forced labor and inadequate medical care. Some dissidents not known to have psychiatric problems have been sent to psychiatric institutions where they have been forcibly injected with drugs.
Repression of peaceful dissent is widespread in China, and has shown no sign of abating. Rather, as highlighted earlier, the crackdown has intensified over the past two years. Countless numbers of men, women and children are detained, often in abysmal conditions and frequently subjected to torture and ill-treatment in Tibet and Xinjiang if they are perceived to be in favor of autonomy, independence or the protection of minority rights.
Repression is felt throughout China. Individuals who have expressed dissenting views, including against corruption or about the environment, are jailed or sent to labor camps. Supporters of the Chinese Democratic Party and other pro-democracy activists are imprisoned solely because of their political views. Widespread arrests of the Falun Gong and other Qi Gong or religious groups continue, including Evangelical Protestant and Roman Catholics who worship outside official churches. Labor activists are regularly arrested and detained. People have been arrested for using the Internet to spread information about human rights.
Another important concerns with respect to human rights in China is the widespread use of the death penalty. China continues to execute individuals at a rate unsurpassed worldwide. In fact, more people are executed yearly in China than in the rest of the world combined.
One important motivation for these high number of death penalties in China is that Chinese government is engaged in harvesting of organs of the prisoners. Corneas, kidneys, skin, livers, pancreases and lungs of the executed prisoners are sold to buyers who have no qualms about the origin of the transplant. In fact it has been reported that the execution rate goes up whenever demand soars. Executions in China are organized around how to extract of the organs in the most efficient manner.Anyone know about the problems in china with false imprisonment etc plz? it's for homework...?
You will need to track down references for yourself. Wiki will have human rights abuses and also will amnesty international will have a lot of data on what your looking. But since I'm inside China trying to track down them for you will be a waste of time.
Yes, there is the death penalty in China for a lot more offensives than in the USA ranging from corruption to bribery to drug trafficking to murder.
From knowing people who do work in the legal field, false imprisonments do happen and they are also denied access to lawyers time to time. But proving if its on orders of the state or a local corrupted police force is hard to prove.
who's not allowed to go on the internet? prisoners? I hope prisoners don't have internet
Most Chinese people have internet and contact with the outside world and watch American movies.
How about Tibet? One child policy? Treatment of minority groups? Also people that live in the country are not allowed to migrate into cities for better jobs.
i don't think it's wise to ';solve problems in China'; without actually visiting China...
come here, get to the jail, find out how people are treated there and then make project...
otherwise it's a useless time-waste...
first America needs to fix her own economy then worry about china case America is going down the drain.
'; and people aren't allowed to go on the internet or have any contact with the outside world?';
I thought that's the whole purpose of imprisonment?
But if you're talking about regular Chinese people, you're sorely misled. China recently over took US as the number one country with Internet connectivity. But of course in terms of percentage of total population it's still lower than the US.
i know there is the death penalty, false imprisonment and people are treated badly in prison... and people aren't allowed to go on the internet or have any contact with the outside world?
i'm struggling because i'm not very clued up on the problems in china so please will you help me? full stars and i'll answer all questions for who ever gives the best answer, cheers.Anyone know about the problems in china with false imprisonment etc plz? it's for homework...?
There are too many issues in Chinese prisons as you have aptly hinted. People are imprisoned on petty pretexts like disagreement with the policies of the Communist Party and they do not get much of a legal advise. The cases are mostly decided unilaterally.
Torture and ';re-education through labor'; are one of the most common thing in Chinese prisons. Methods of torture include severe beating, kicking, electric shocks, hanging by the arms, shackling in painful positions, exposure to extreme heat or cold, sleep and food deprivation. Prison conditions are harsh, often with long hours of forced labor and inadequate medical care. Some dissidents not known to have psychiatric problems have been sent to psychiatric institutions where they have been forcibly injected with drugs.
Repression of peaceful dissent is widespread in China, and has shown no sign of abating. Rather, as highlighted earlier, the crackdown has intensified over the past two years. Countless numbers of men, women and children are detained, often in abysmal conditions and frequently subjected to torture and ill-treatment in Tibet and Xinjiang if they are perceived to be in favor of autonomy, independence or the protection of minority rights.
Repression is felt throughout China. Individuals who have expressed dissenting views, including against corruption or about the environment, are jailed or sent to labor camps. Supporters of the Chinese Democratic Party and other pro-democracy activists are imprisoned solely because of their political views. Widespread arrests of the Falun Gong and other Qi Gong or religious groups continue, including Evangelical Protestant and Roman Catholics who worship outside official churches. Labor activists are regularly arrested and detained. People have been arrested for using the Internet to spread information about human rights.
Another important concerns with respect to human rights in China is the widespread use of the death penalty. China continues to execute individuals at a rate unsurpassed worldwide. In fact, more people are executed yearly in China than in the rest of the world combined.
One important motivation for these high number of death penalties in China is that Chinese government is engaged in harvesting of organs of the prisoners. Corneas, kidneys, skin, livers, pancreases and lungs of the executed prisoners are sold to buyers who have no qualms about the origin of the transplant. In fact it has been reported that the execution rate goes up whenever demand soars. Executions in China are organized around how to extract of the organs in the most efficient manner.Anyone know about the problems in china with false imprisonment etc plz? it's for homework...?
You will need to track down references for yourself. Wiki will have human rights abuses and also will amnesty international will have a lot of data on what your looking. But since I'm inside China trying to track down them for you will be a waste of time.
Yes, there is the death penalty in China for a lot more offensives than in the USA ranging from corruption to bribery to drug trafficking to murder.
From knowing people who do work in the legal field, false imprisonments do happen and they are also denied access to lawyers time to time. But proving if its on orders of the state or a local corrupted police force is hard to prove.
who's not allowed to go on the internet? prisoners? I hope prisoners don't have internet
Most Chinese people have internet and contact with the outside world and watch American movies.
How about Tibet? One child policy? Treatment of minority groups? Also people that live in the country are not allowed to migrate into cities for better jobs.
i don't think it's wise to ';solve problems in China'; without actually visiting China...
come here, get to the jail, find out how people are treated there and then make project...
otherwise it's a useless time-waste...
first America needs to fix her own economy then worry about china case America is going down the drain.
'; and people aren't allowed to go on the internet or have any contact with the outside world?';
I thought that's the whole purpose of imprisonment?
But if you're talking about regular Chinese people, you're sorely misled. China recently over took US as the number one country with Internet connectivity. But of course in terms of percentage of total population it's still lower than the US.
Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
My husband of 19 years is facing these charges. Do some of the charges drop once he goes to court. He does not have a criminal record. They gave hime these four violent charges .Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
it depends on how much money your husband has robbed. but you can get up to 25yearsDoes anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
If he has a good lawyer, he will most likely be able to get the lesser charges dropped and the more serious ones reduced. It depends on what state you are in. In Texas, burglary carries a 2-20yr. sentence, armed robbery is 5-99yrs, kidnapping is 2-10yrs. Not too sure about the false imprisonment. You need to start interviewing lawyers!
25 to life, depends on which state he is convicted in. But all those can carry max life without parole. Only murder is a higher charge.
30- life depending on what charges get dropped
If your husband of 19yrs is facing these charges my question for you is why is he still your husband?? You love him and cant leave him right? Well if he did the following crimes he will go to jail and you can start a new life!!!!!!!!!!!!!
it depends on how much money your husband has robbed. but you can get up to 25yearsDoes anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
If he has a good lawyer, he will most likely be able to get the lesser charges dropped and the more serious ones reduced. It depends on what state you are in. In Texas, burglary carries a 2-20yr. sentence, armed robbery is 5-99yrs, kidnapping is 2-10yrs. Not too sure about the false imprisonment. You need to start interviewing lawyers!
25 to life, depends on which state he is convicted in. But all those can carry max life without parole. Only murder is a higher charge.
30- life depending on what charges get dropped
If your husband of 19yrs is facing these charges my question for you is why is he still your husband?? You love him and cant leave him right? Well if he did the following crimes he will go to jail and you can start a new life!!!!!!!!!!!!!
What does false imprisonment mean?
well strike the 3rd answer down dude.false imprisonment is something that happens more than you think especially in states that do not have discovery laws .and in my opinon they do not have those laws for the simple reason they want to be able to railroad the poor and innocent and ';falsely Imprison';them.The southern states ars real good about that.
as long as there is no discoverly then the prosecution can hide facts that downright prove the charged person is innocent.And yes they knowingly do this just to embellish their conviction record to help futher their careers down the road and the part that kills me is not only are these low lifes still able to sleep but,the Law lets them get away with it and when it is,(years later usually)discovered there is nothing the innocent person can do to get back the freedom that was taken from him.What does false imprisonment mean?
False imprisonment is primarily a tort or civil wrong. Laws which pretain to tort serve to protect such things as personal security or property. The easiest way to define false imprisonment is as an intentional confinement without cause or legal authority.What does false imprisonment mean?
it means being put in prison for something you didn't do.
It means that you were imprisoned for something that you were not guilty of. This does happen occassionally and it is one major problem within the law but it does come down to people's judgement whether it be the jury or those that find the evidence etc.
as long as there is no discoverly then the prosecution can hide facts that downright prove the charged person is innocent.And yes they knowingly do this just to embellish their conviction record to help futher their careers down the road and the part that kills me is not only are these low lifes still able to sleep but,the Law lets them get away with it and when it is,(years later usually)discovered there is nothing the innocent person can do to get back the freedom that was taken from him.What does false imprisonment mean?
False imprisonment is primarily a tort or civil wrong. Laws which pretain to tort serve to protect such things as personal security or property. The easiest way to define false imprisonment is as an intentional confinement without cause or legal authority.What does false imprisonment mean?
it means being put in prison for something you didn't do.
It means that you were imprisoned for something that you were not guilty of. This does happen occassionally and it is one major problem within the law but it does come down to people's judgement whether it be the jury or those that find the evidence etc.
I need information on false imprisonment?
Once again, it all depends on what state you are in. But, for a simple example, let's say you go over to someone's house. After a while, you want to leave, but the home owner won't let you leave the house. It can be as simple as that.
This comes up a lot in domestice violence cases. Being restrained, blocking the doors with your body so the victim can't leave, pinning someone to a bed; these can all be false imprisonment. It can even go as far as putting enough fear into someone so that they feel that they can't leave.
Please give us more details so we can help.I need information on false imprisonment?
What kind of info do you need? If you can prove it to the court, then sue your captors for violating your civil rights.
You question is very vague, could you give some information.I need information on false imprisonment?
in real life there are many such cases there and the person in such a sutuation can do just nothing, lets see if you get any good answers.
Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without any process whatever, or under color of process wholly illegal, without regard to the question whether any crime has been committed or a debt due
This comes up a lot in domestice violence cases. Being restrained, blocking the doors with your body so the victim can't leave, pinning someone to a bed; these can all be false imprisonment. It can even go as far as putting enough fear into someone so that they feel that they can't leave.
Please give us more details so we can help.I need information on false imprisonment?
What kind of info do you need? If you can prove it to the court, then sue your captors for violating your civil rights.
You question is very vague, could you give some information.I need information on false imprisonment?
in real life there are many such cases there and the person in such a sutuation can do just nothing, lets see if you get any good answers.
Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without any process whatever, or under color of process wholly illegal, without regard to the question whether any crime has been committed or a debt due
Would electing Romney or McCain guarantee more Katrina (neglect/false imprisonment/martial law) atrocities?
I didn't know this, but Romney and McCain (along with Giuliani and Thompson) refused to attend the PBS All-American Debate that addressed African American issues. Huckabee, who participated, said that he was ashamed for the Republican party.Would electing Romney or McCain guarantee more Katrina (neglect/false imprisonment/martial law) atrocities?
Shhhh!!!!
You're not supposed to be able to figure that out
Go watch more TV and be a good ameriKKKanWould electing Romney or McCain guarantee more Katrina (neglect/false imprisonment/martial law) atrocities?
Katrina was a state problem - not a national problem.
sadly, the citizens of New Orleans saw this coming and ignored it - thats not Bush's fault. They had a week to get out and they knew the levees were a problem.
I blame the mayor of New Orleans for everything that went on down there.
As for a generic stance on Martial law - sometimes its necessary for the law to take control, hopefully they remember who they work for and the laws they've sworn to uphold.
I think katrina will make a deeper impact for the rest of us not to take mother nature for granted and under estimate her power and heed warnings.
Im sure Romney %26amp; McCain would be fine
It was more likely scheduling conflicts.
Their schedules are set months in advance right down to the hour.
Thats why Huckabee will never be a viable candidate
Romney didn't refuse to attend the forum. He received the invitation too late to change his commitments; and since the other major candidates had dropped out, he didn't have much incentive to break those commitments. The only reason Huckabee was free is because he was so unpopular (back then) that he jumped at opportunities to show up, just so he could get his face on some free television. I doubt he cared that much more than anyone else.
As for a President Romney ensuring more ';Katrina atrocities';, that's simply not the case. Mitt Romney may be rich, but that doesn't make him insensitive. He was a missionary for two and half years, living with and helping out people much poorer than you or I.
He's also a very moral man, a family man, and he'd never let a disaster like Katrina go unnoticed. As both a Bishop and a Stake President in his church, he handled a lot of welfare cases for people both in and out of the LDS church. He's familiar with other people's sufferings, and he is sensitive to them.
Learn more about Mitt Romney the man.
Just like a liberal. Taking a nasty incoherent swipe at someone based on non- factual statements.
With McCain probably Thompson didn't refuse I don't know about Romney where you getting your facts?
VOTE ROMNEY!!!
i think lalusanana already took care of one of the problems,they elected bobby jindel,a republican.now they need to get rid of ray nagin.the failure of katrina was the front lines i.e. city,state!!!!!!!!!
Shhhh!!!!
You're not supposed to be able to figure that out
Go watch more TV and be a good ameriKKKanWould electing Romney or McCain guarantee more Katrina (neglect/false imprisonment/martial law) atrocities?
Katrina was a state problem - not a national problem.
sadly, the citizens of New Orleans saw this coming and ignored it - thats not Bush's fault. They had a week to get out and they knew the levees were a problem.
I blame the mayor of New Orleans for everything that went on down there.
As for a generic stance on Martial law - sometimes its necessary for the law to take control, hopefully they remember who they work for and the laws they've sworn to uphold.
I think katrina will make a deeper impact for the rest of us not to take mother nature for granted and under estimate her power and heed warnings.
Im sure Romney %26amp; McCain would be fine
It was more likely scheduling conflicts.
Their schedules are set months in advance right down to the hour.
Thats why Huckabee will never be a viable candidate
Romney didn't refuse to attend the forum. He received the invitation too late to change his commitments; and since the other major candidates had dropped out, he didn't have much incentive to break those commitments. The only reason Huckabee was free is because he was so unpopular (back then) that he jumped at opportunities to show up, just so he could get his face on some free television. I doubt he cared that much more than anyone else.
As for a President Romney ensuring more ';Katrina atrocities';, that's simply not the case. Mitt Romney may be rich, but that doesn't make him insensitive. He was a missionary for two and half years, living with and helping out people much poorer than you or I.
He's also a very moral man, a family man, and he'd never let a disaster like Katrina go unnoticed. As both a Bishop and a Stake President in his church, he handled a lot of welfare cases for people both in and out of the LDS church. He's familiar with other people's sufferings, and he is sensitive to them.
Learn more about Mitt Romney the man.
Just like a liberal. Taking a nasty incoherent swipe at someone based on non- factual statements.
With McCain probably Thompson didn't refuse I don't know about Romney where you getting your facts?
VOTE ROMNEY!!!
i think lalusanana already took care of one of the problems,they elected bobby jindel,a republican.now they need to get rid of ray nagin.the failure of katrina was the front lines i.e. city,state!!!!!!!!!
How many years can you get for false imprisonment charges?
I'm sure there's a minimum and maximum sentence... and those would likely be dependant on the laws of the state. Most states are probably similar, but you should consult with the laws of the state you are in.
In actuality, the number of years you would get if convicted would be determined by the judge at sentencing time. It would be no more than the maximum sentence.. unless there were more charges or multiple counts.How many years can you get for false imprisonment charges?
5How many years can you get for false imprisonment charges?
it is an arrestable offence punishable by 5 years in prison on conviction
In actuality, the number of years you would get if convicted would be determined by the judge at sentencing time. It would be no more than the maximum sentence.. unless there were more charges or multiple counts.How many years can you get for false imprisonment charges?
5How many years can you get for false imprisonment charges?
it is an arrestable offence punishable by 5 years in prison on conviction
Is FALSE IMPRISONMENT in Georgia a felony?
depending on what your talking about, yes it is. for instance if you locked somone in your basement, yes that if false imprisonment and can be charged as a felony.Is FALSE IMPRISONMENT in Georgia a felony?
Who would you charge?
I doubt you can prove it. Even the guys they are letting out of prison because they were wrongfully put in prison for a crime they didn't commit don't getaway with saying it was False Imprisonment. They threaten to sue the state and then the state settles before anything can be made of it.Is FALSE IMPRISONMENT in Georgia a felony?
my brother was in a car accident he had an open container and was put in jail he missed several weeks of work it was found during his trial the women ran a red light an hit my brother making it her fault who my brother got the money from i don't know if it was the women's insurance or the canton police department but he got paid for loss wadges and his carantivirus programs
Who would you charge?
I doubt you can prove it. Even the guys they are letting out of prison because they were wrongfully put in prison for a crime they didn't commit don't getaway with saying it was False Imprisonment. They threaten to sue the state and then the state settles before anything can be made of it.Is FALSE IMPRISONMENT in Georgia a felony?
my brother was in a car accident he had an open container and was put in jail he missed several weeks of work it was found during his trial the women ran a red light an hit my brother making it her fault who my brother got the money from i don't know if it was the women's insurance or the canton police department but he got paid for loss wadges and his car
How Much Can I Get For False Imprisonment Lawsuit?
I need Know How much My Case Is WorthHow Much Can I Get For False Imprisonment Lawsuit?
I presume you are the victim. False imprisonment is very serious, but differs greatly. You should be granted what the Court deems right for the wrong done against youHow Much Can I Get For False Imprisonment Lawsuit?
There is a book called ';What's It Worth?'; you may wish to look at. Any public library with a decent law section should have it. But the other responses are correct. It makes a big difference whether you were permanently paralyzed by a police beating during a wrongful detention, or whether you were just briefly detained. Outrage alone is not worth anything.
Lawyers can give you a range based upon their best guess of the outcome IF they believe you can win your case (they'll base the damages amount on the laws of your state, the facts, other similar cases, your jurisdiction, etc.), but no one can give you what you want: a dollar figure. You'll need to consult a lawyer with all the information about your case.
anywhere from nothing to many millions of dollars. call a couple of attorneys around you. they'll give you a free consultation and tell you if you have a case.
how can we answer with no details of your case
I presume you are the victim. False imprisonment is very serious, but differs greatly. You should be granted what the Court deems right for the wrong done against youHow Much Can I Get For False Imprisonment Lawsuit?
There is a book called ';What's It Worth?'; you may wish to look at. Any public library with a decent law section should have it. But the other responses are correct. It makes a big difference whether you were permanently paralyzed by a police beating during a wrongful detention, or whether you were just briefly detained. Outrage alone is not worth anything.
Lawyers can give you a range based upon their best guess of the outcome IF they believe you can win your case (they'll base the damages amount on the laws of your state, the facts, other similar cases, your jurisdiction, etc.), but no one can give you what you want: a dollar figure. You'll need to consult a lawyer with all the information about your case.
anywhere from nothing to many millions of dollars. call a couple of attorneys around you. they'll give you a free consultation and tell you if you have a case.
how can we answer with no details of your case
What is the concept of false imprisonment in a hospital?
There is none. If you are over 18 you can sign yourself out at any time, unless you have been legally committed to a mental ward.What is the concept of false imprisonment in a hospital?
As long as you are of sound mind, and an adult you can leave when ever you want
As long as you are of sound mind, and an adult you can leave when ever you want
I need to find a really good false imprisonment of tort article byt 11 pm tonight?
FALSE IMPRISONMENT
False imprisonment is the unlawful imposition of constraint upon another's freedom of movement from a particular place.
This tort protects a person from restraint and does not give a person absolute freedom of movement. Thus, if there is a reasonable escape route there will be no false imprisonment. See:
Bird v Jones (1845) 7 QB 742
Robinson v Balmain New Ferry [1910] AC 295
Can a person be falsely imprisoned without his knowledge? Yes, according to the Court of Appeal and the House of Lords in, respectively:
Meering v Graham-White Aviation Co Ltd (1920) 122 LT 44
Murray v Ministry of Defence [1988] 2 All ER 521
However, Lord Griffiths did state in the latter case: 'If a person is unaware that he has been falsely imprisoned and has suffered no harm, he can normally expect to recover no more than nominal damages …'.
Can an omission to release a person constitute false imprisonment? Not according to the House of Lords, at least where a person has consented to some degree of constraint on their movement. See:
Heard v Weardale Steel, Coal %26amp; Coke Co [1915] AC 67
This third intentional, dignitary tort is False Imprisonment. Define its elements as:
∙ Defendant intentionally
∙ By acts or threats,
∙ Causes Plaintiff
∙ To be totally confined,
∙ For an unreasonable amount of time
∙ Within boundaries, physical or intangible, established by Defendant,
∙ With no reasonable means of escape,
∙ To Plaintiff's contemporaneous knowledge of the confinement, or to Plaintiff's harm,
∙ Without consent or other legal justification.
Once again, all of the law related to the doctrine of intent is applicable, and will not be repeated here, except to emphasize that the intent here is either acting for the purpose of causing Plaintiff's total confinement or acting with the knowledge to a substantial certainty that such confinement will occur.
Likewise, the law of causation is no different for False Imprisonment than for the other intentional torts.
∙ It can occur directly, as when a Defendant locks the door to a room in which Plaintiff is sitting, or
∙ indirectly, such as removing or destroying the Plaintiff's only means of leaving a closed area.
∙ While ordinarily one has no duty to help another who is in a situation of peril, such as being locked in a room or on board a ship, a duty to free the Plaintiff may be created if
∙ there is a special relationship between the parties. Such relationships may include common carrier and passenger, and business and invitee.
∙ The duty to help free the Plaintiff may also arise if the Defendant's instrumentality is causing the confinement, even though not because of any fault of the Defendant. Thus, if Plaintiff were locked in Defendant's store, or fell into Defendant's backyard well (aside from whether P was a trespasser or not), the Defendant probably must try to help the Plaintiff get out if that can be done without harm to the Defendant.
Unlike Assault, an action for False Imprisonment may be based on a Defendant's threat to harm Plaintiff, as well as the actual use of force.
∙ It may be based on an implicit threat, such as placing a person under arrest, with the implicit threat that if the person resists physical or legal force will be exerted.
∙ While, in general, courts have said that a threat of future action is not sufficient to satisfy this element, it would seem that some threats of future conduct would do so; a statement that “if you try to leave this room, I will shoot you” is technically a threat of future action, but it would seem that it would satisfy the requirement that the threat of force caused Plaintiff's total confinement.
∙ The more typical case involves the actual use of force, which may include physically holding Plaintiff, pointing a gun at Plaintiff or simply locking a door.
∙ The force exerted may even be indirect, such as threatening to harm a member of Plaintiff's family if Plaintiff tries to leave, or Defendant's taking possession of a significant piece of Plaintiff's property, such as Plaintiff's purse or car keys. Plaintiff is not required to give up something valuable in order to be free to leave.
The next three elements all involve the question of what constitutes total confinement.
∙ There must be a total confinement for some unreasonable period of time within boundaries established by Defendant, with no reasonable means of escape.
∙ The length of time may be quite short, though it would seem that a momentary confinement for a matter of a few seconds (or possibly even a few minutes of inconvenience) would not usually amount to the kind of invasion of dignity and bodily integrity which this tort seeks to prevent.
∙ These may be physical boundaries, such as the walls of a room, a jail cell, a building. While Defendant does not “create”
∙ these boundaries, the Defendant nevertheless utilizes existing physical boundaries in such a case.
∙ They may be more intangible boundaries, such as causing the Plaintiff not to leave an area of town or even a city.
∙ They may be invisible boundaries, such as when a Defendant points a gun at Plaintiff and tells him not to move; there are no physical or territorial boundaries, but nevertheless the Plaintiff is totally confined to an area established by Defendant's threat of harm.
∙ There must be some kind of boundaries, however, on all sides; it is not False Imprisonment to merely deny Plaintiff access or admission to a place where Plaintiff wants or is entitled to go.
∙ Plaintiff is not totally confined if there is a reasonable means of escape or exit.
∙ To be a reasonable, the means of exit must be known or obvious.
∙ To be reasonable, the means of exit must not expose Plaintiff to any threat of harm to her/his person or property. It must not lead to a potential source of danger.
∙ To be reasonable, the means of exit must not expose Plaintiff to embarrassment, unreasonable discomfort, or require her/him to be heroic.
In the ordinary case, Plaintiff must be aware or conscious of her/his confinement.
∙ False Imprisonment is one of the dignitary torts, and protects the mental kind of injury that occurs when people become aware that they are confined against their wills.
∙ However, in some circumstances, the Plaintiff will be unconscious, or mentally deficient, or too young to realize what has occurred. In such cases, the Restatement says that such persons should be able to recover for False Imprisonment if they suffer some harm as a result of the confinement, even if they do not understand that they have been confined.
Consent and other privileges normally are matters of defense, to be asserted and proved by Defendant.
∙ One typical kind of False Imprisonment occurs when a police officer or a private citizen attempts to make an arrest of an individual on criminal charges, but lacks the authority to do so. This kind of case is usually called False Arrest; it is merely one class of False Imprisonment cases, however.
∙ The typical arrest of a criminal law suspect satisfies all of the elements of False Imprisonment: The defendant intentionally causes Plaintiff's total confinement for a significant amount of time, to Plaintiff's knowledge, within physical or intangible boundaries, with no reasonable means of exit;
∙ but the arrest is not actionable as False Imprisonment because it is privileged, under legal justification.
∙ However, if the police officer or private person act under circumstances where they lack legal justification, the conduct does fulfill all of the requirements and is actionable. For example, if an officer arrests a person without an arrest warrant, under circumstances where the law of criminal procedure or the Constitution requires the officer to have an arrest warrant, the Defendant has committed a False Arrest, and therefore a False Imprisonment.
Consent becomes a more common issue in False Imprisonment cases than for Assault or Battery because it commonly is the determining factor in cases where suspected shoplifters are detained for investigation, or where company employees are investigated for embezzlement or theft. Usually such cases boil down to a question of whether the Plaintiff has gone voluntarily with the store officials or company security in order to clear one's name, or whether the Plaintiff has not consented to the investigation and thus been forced to confinement for questioning or investigation. There may, however, be a privilege to detain for investigation suspected shoplifters....the so-called shopkeeper’s privilege.
False imprisonment is the unlawful imposition of constraint upon another's freedom of movement from a particular place.
This tort protects a person from restraint and does not give a person absolute freedom of movement. Thus, if there is a reasonable escape route there will be no false imprisonment. See:
Bird v Jones (1845) 7 QB 742
Robinson v Balmain New Ferry [1910] AC 295
Can a person be falsely imprisoned without his knowledge? Yes, according to the Court of Appeal and the House of Lords in, respectively:
Meering v Graham-White Aviation Co Ltd (1920) 122 LT 44
Murray v Ministry of Defence [1988] 2 All ER 521
However, Lord Griffiths did state in the latter case: 'If a person is unaware that he has been falsely imprisoned and has suffered no harm, he can normally expect to recover no more than nominal damages …'.
Can an omission to release a person constitute false imprisonment? Not according to the House of Lords, at least where a person has consented to some degree of constraint on their movement. See:
Heard v Weardale Steel, Coal %26amp; Coke Co [1915] AC 67
This third intentional, dignitary tort is False Imprisonment. Define its elements as:
∙ Defendant intentionally
∙ By acts or threats,
∙ Causes Plaintiff
∙ To be totally confined,
∙ For an unreasonable amount of time
∙ Within boundaries, physical or intangible, established by Defendant,
∙ With no reasonable means of escape,
∙ To Plaintiff's contemporaneous knowledge of the confinement, or to Plaintiff's harm,
∙ Without consent or other legal justification.
Once again, all of the law related to the doctrine of intent is applicable, and will not be repeated here, except to emphasize that the intent here is either acting for the purpose of causing Plaintiff's total confinement or acting with the knowledge to a substantial certainty that such confinement will occur.
Likewise, the law of causation is no different for False Imprisonment than for the other intentional torts.
∙ It can occur directly, as when a Defendant locks the door to a room in which Plaintiff is sitting, or
∙ indirectly, such as removing or destroying the Plaintiff's only means of leaving a closed area.
∙ While ordinarily one has no duty to help another who is in a situation of peril, such as being locked in a room or on board a ship, a duty to free the Plaintiff may be created if
∙ there is a special relationship between the parties. Such relationships may include common carrier and passenger, and business and invitee.
∙ The duty to help free the Plaintiff may also arise if the Defendant's instrumentality is causing the confinement, even though not because of any fault of the Defendant. Thus, if Plaintiff were locked in Defendant's store, or fell into Defendant's backyard well (aside from whether P was a trespasser or not), the Defendant probably must try to help the Plaintiff get out if that can be done without harm to the Defendant.
Unlike Assault, an action for False Imprisonment may be based on a Defendant's threat to harm Plaintiff, as well as the actual use of force.
∙ It may be based on an implicit threat, such as placing a person under arrest, with the implicit threat that if the person resists physical or legal force will be exerted.
∙ While, in general, courts have said that a threat of future action is not sufficient to satisfy this element, it would seem that some threats of future conduct would do so; a statement that “if you try to leave this room, I will shoot you” is technically a threat of future action, but it would seem that it would satisfy the requirement that the threat of force caused Plaintiff's total confinement.
∙ The more typical case involves the actual use of force, which may include physically holding Plaintiff, pointing a gun at Plaintiff or simply locking a door.
∙ The force exerted may even be indirect, such as threatening to harm a member of Plaintiff's family if Plaintiff tries to leave, or Defendant's taking possession of a significant piece of Plaintiff's property, such as Plaintiff's purse or car keys. Plaintiff is not required to give up something valuable in order to be free to leave.
The next three elements all involve the question of what constitutes total confinement.
∙ There must be a total confinement for some unreasonable period of time within boundaries established by Defendant, with no reasonable means of escape.
∙ The length of time may be quite short, though it would seem that a momentary confinement for a matter of a few seconds (or possibly even a few minutes of inconvenience) would not usually amount to the kind of invasion of dignity and bodily integrity which this tort seeks to prevent.
∙ These may be physical boundaries, such as the walls of a room, a jail cell, a building. While Defendant does not “create”
∙ these boundaries, the Defendant nevertheless utilizes existing physical boundaries in such a case.
∙ They may be more intangible boundaries, such as causing the Plaintiff not to leave an area of town or even a city.
∙ They may be invisible boundaries, such as when a Defendant points a gun at Plaintiff and tells him not to move; there are no physical or territorial boundaries, but nevertheless the Plaintiff is totally confined to an area established by Defendant's threat of harm.
∙ There must be some kind of boundaries, however, on all sides; it is not False Imprisonment to merely deny Plaintiff access or admission to a place where Plaintiff wants or is entitled to go.
∙ Plaintiff is not totally confined if there is a reasonable means of escape or exit.
∙ To be a reasonable, the means of exit must be known or obvious.
∙ To be reasonable, the means of exit must not expose Plaintiff to any threat of harm to her/his person or property. It must not lead to a potential source of danger.
∙ To be reasonable, the means of exit must not expose Plaintiff to embarrassment, unreasonable discomfort, or require her/him to be heroic.
In the ordinary case, Plaintiff must be aware or conscious of her/his confinement.
∙ False Imprisonment is one of the dignitary torts, and protects the mental kind of injury that occurs when people become aware that they are confined against their wills.
∙ However, in some circumstances, the Plaintiff will be unconscious, or mentally deficient, or too young to realize what has occurred. In such cases, the Restatement says that such persons should be able to recover for False Imprisonment if they suffer some harm as a result of the confinement, even if they do not understand that they have been confined.
Consent and other privileges normally are matters of defense, to be asserted and proved by Defendant.
∙ One typical kind of False Imprisonment occurs when a police officer or a private citizen attempts to make an arrest of an individual on criminal charges, but lacks the authority to do so. This kind of case is usually called False Arrest; it is merely one class of False Imprisonment cases, however.
∙ The typical arrest of a criminal law suspect satisfies all of the elements of False Imprisonment: The defendant intentionally causes Plaintiff's total confinement for a significant amount of time, to Plaintiff's knowledge, within physical or intangible boundaries, with no reasonable means of exit;
∙ but the arrest is not actionable as False Imprisonment because it is privileged, under legal justification.
∙ However, if the police officer or private person act under circumstances where they lack legal justification, the conduct does fulfill all of the requirements and is actionable. For example, if an officer arrests a person without an arrest warrant, under circumstances where the law of criminal procedure or the Constitution requires the officer to have an arrest warrant, the Defendant has committed a False Arrest, and therefore a False Imprisonment.
Consent becomes a more common issue in False Imprisonment cases than for Assault or Battery because it commonly is the determining factor in cases where suspected shoplifters are detained for investigation, or where company employees are investigated for embezzlement or theft. Usually such cases boil down to a question of whether the Plaintiff has gone voluntarily with the store officials or company security in order to clear one's name, or whether the Plaintiff has not consented to the investigation and thus been forced to confinement for questioning or investigation. There may, however, be a privilege to detain for investigation suspected shoplifters....the so-called shopkeeper’s privilege.
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