Thursday, February 4, 2010

What do the plaintiff need before he can sue for false imprisonment?

i'm on a dabate whether it is necessary for the palintiff to be aware of his imprisonment efore he can sue for false imprisonemt? and it took the opinon YES. please support me with a case and the essential element to support the caseWhat do the plaintiff need before he can sue for false imprisonment?
May vary with jurisdiction, but being arrested without just cause is grounds just about anywhere. Not allowing you to call a lawyer after you are arrested is another. Not telling you why you are being detained. Jailing you without arresting you first. Improper arrest procedure.What do the plaintiff need before he can sue for false imprisonment?
Proof that he was held without probable cause,
Yes, in order for someone to bring a claim for false imprisonment he must be aware of his confinement. There are 4-5 elements that must be proven in most jurisdictions in order to successfully establish a false imprisonment claim and awareness is one of them.
I do recall this one case where the plaintiff was not aware of the false imprionment at the time it happened but shrotly AFTER he learned about it and I think he was allowed to sue. If the plaintiff is not aware of it at any point--except after visitng the attorney--then probably not. I mean, the injury caused by false imprionment is emotional. if you're not aware of it, what do you suffer? Nothing.

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