Sunday, February 7, 2010

My girlfriends parents have locked her in her room is this false imprisonment and what should she do ?

my girlfriends parents have locked her in her room is this false imprisonment and what should she do My girlfriends parents have locked her in her room is this false imprisonment and what should she do ?
I need to know the duration of the lockup, and the circumstances.My girlfriends parents have locked her in her room is this false imprisonment and what should she do ?
what did she do to get locked in her room?
haha its called a time out xD
She is a minor. If she didn't want to go to school while she was ill, then she probably should stay in her room anyway.





I see nothing wrong with it.
How old is she? Was she sneaking out at night? More info is needed. It could be child abuse.
She is a minor and is under her parents guardianship, they can discipline her how they see fit as long as they aren't abusing her by starving or beating or along those lines. If she is just locked in her room and not suffering any abuse beyond that than thats perfectly legal





What happened to parent's rights?
It depends on how old she is and how long they keep her in ther and if they are starving her or if she is in poor health because of it.
I love it when immature little kids use big words like ';false imprisonment';....





It's soooo cute.
What is wrong with you??? Break down the door! If you care about her grab a baseball bat, or an axe and tear it up!


At least throw her some food and bottled water through the window if nothing else.....
This is inhumane. Have her call the local police department (NOT 911) and ask them what to do.
This is what murder is made of, hope they choke on a stick.
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  • Can you sue for false imprisonment if someone incorrectly ID's you and you were jailed?

    My boyfriend was arrested when someone in my neighborhood believed he was the person who tried to break into her home. He was jailed for 11 days and there was an article in our local paper with his name and address about the arrest. He is out thousands of dollars. The police have arrested another young man who was caught breaking into home in our area. The fact that he is black and living in a mostly white area is also troubling. He is currently still in the court system waiting for the DA to drop the case due to lack of evidence.





    Can we sue the woman who claimed he was the burglar? The police for harrasment of this mother?





    Is there any way we can recoup any of his money?Can you sue for false imprisonment if someone incorrectly ID's you and you were jailed?
    He can sue anyone he wants to, but to win he would have to prove that the woman knew he wasn't the burglar and filed a false police report anyway.





    Beyond that, the woman didn't decide to arrest him, the police did. Even if they were ultimately wrong, if they had legitimate reasons, then there is no basis for action against them. There is no basis for recouping the money unless there is some indication that the police acted in bad faith.





    This happens all the time, and it is unfortunate. Good luck.Can you sue for false imprisonment if someone incorrectly ID's you and you were jailed?
    It would be extremely difficult at best.
    No. It happened to me. Cost me $2500 for a lawyer and the unnecessary time in jail. Great society we live in huh. I moved to Thailand for this reason. Alot less crime so not as many people wrongfully arrested. Their society is not as vindictive.
    uh...only if you can prove she was acting in bad faith or malicious intent. If she made an honest mistake, there isn't much you can do.





    Ditto the police. They acted on the information they recieved.





    Unfortunatly mistakes happen. Thank GOD it didn't go further than it did I guess.
    Not really. In order to sue the person who ID'ed him, he'd have to show it was done with malice. In other words, he'd have to show she did it on purpose, knowing he wasn't the guy. If she did it by accident, with no bad intent, she isn't liable.





    Police 'harassment' sounds good, but if all they did was pursue the case, there is probably nothing there. That's their job, and as far as they knew, he was the most likely suspect.





    It appears they have now found a better suspect (although it's not clear that finding one guy breaking in necessarily clears another for a different crime), and again, that means they are doing their jobs.








    Sawadee: moved to Thailand for a better legal system? Good luck with that. I'm especially impressed by the lack of right to a jury trial. That way the government or a defendant only has to suborn one person, the judge.





    A lot less crime? Yeah, I guess only being 9th in the world for murders makes a nice place to live. Less robberies, I see, so as long as you don't get shot, you're good to go.





    Sorry, no legal system anywhere in the WORLD will prevent accidents. How would you propose we fix this, by NOT arresting anyone until we had iron clad proof? That is a practical impossibility.
    If the person testified in good faith believing you bf was the person then no you have no legal recourse. If it was done arbitrarily and maliciously then you have leagal recourse.
    Uh no... There is this thing called due diligence. If the officers obtained reasonable information and their information is known to be reasonably accurate and their actions were reasonable, then you're pretty much out of luck. However, you can still sue for lost wages and such but getting rich off of the situation will probably not happen. False imprisonment is not a tort (civil) issue, it is a criminal offense, so who would go to jail for that? I would stick to civil and you may reap some damages but the stress and the million dollar post traumatic stress disorder thing will probably not happen.

    Thursday, February 4, 2010

    False imprisonment, unaware of being locked in room?

    Law


    If a person is locked in a room and is not aware that they are locked in, Is that still considered false imprisonment and even if there were no damages.False imprisonment, unaware of being locked in room?
    Under criminal law, it satisfies all elements of the crime


    Under civil law, there is no tort liability





    The elements for false imprisonment under criminal law are the


    Intentional


    unlawful restraint


    of another


    substantially interfering with that person's liberty





    The elements for false imprisonment under tort law are the


    intentional


    confinement


    of another


    within a fixed boundary


    for an appreciable amount of time


    of which the plaintiff is either aware, or suffers damage as a proximate cause of the restraint.





    The damage element refers to the situation where, let's say, the plaintiff is to receive medication while asleep, but due to the imprisonment, the nurse cannot reach him or her. As an intentional tort, one does not need to prove actual damages because punitive damages are available.





    As you can see, the criminal version does not require a subjective element from the victim, whereas the civil version does. False imprisonment will become unlawful restraint or kidnapping under criminal law depending on the amount of force used or threatened, and the purpose of the restraint.False imprisonment, unaware of being locked in room?
    Yes. Only if there was criminal intent. And that would have to be proven in court. If an officer was called in the report the officer has to prove that there was criminal intent. If it was an accident then this isn't criminal intent. Your question is kinda vague. If the person who was locked didn't press charges then you don't have to worry about it. But an apologie to the person might be in do order.
    Nope. The victim must either be aware of the confinement, or suffer injury as a result of the confinement. Absent either of those, there is no false imprisonment.
    I'm sure that it could be considered false imprisonment, but if the person was not aware that the door was locked then how would they know that they were falsely imprisoned?
    this question is like the ';if a tree falls in the woods %26amp; no one is around to hear it does it still make a noise'; question...the facts are there..so technically yes
    certainly.
    Ya, I think so

    Boy George Found Guilty of False Imprisonment?

    Do you think the Court will give him time, tooooo realise his crime?Boy George Found Guilty of False Imprisonment?
    do you really want to hurt him ? do you really want to make him cry? lol all he needs is a good shrink and some group therapyBoy George Found Guilty of False Imprisonment?
    Strange behaviour if you ask me, as most people hang their coat on the back of a door, but with boy george it's a rent boy. Did he really want to hurt him or is this some kind of gay status thing.
    boy george my gosh he is getting crazier minute by minute and i think he will be lock up for a long time who knows he is just crazy
    Geez we're on the ball this mornin' folks.


    'More than likely'.'It's a Miracle' he wasn't jailed already.
    I bet he would give everything he owns for a different verdict
    The thought of being ties up by Boy George has made me come over all queer!!!
    I would say its just bad carma-camelieon
    well it looks to me it was a rent boy who wasent prepared to do what he was hired for
    The question is, do they really want to hurt him? Do they really want to make him cry?
    Georgie Porgie pudding and pie
    In prison.
    So much for being a man without conviction...
    Him and Gary Glitter should share a cell...
    The question is, did he really want to hurt him?
    I think he should go to the 'Church of the poisoned Mind'
    I expect they will - it's only fair.
    LOL.





    This question and the first five answers have made my day.





    :)






    I don't even know what happened! where have I been?
    lol... ah boy george ... what an idiot...





    they should fine him

    I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?

    I was not aware I was locked up till I awoke and was told.I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?
    not unless you can prove you was in jail.I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?
    Depends. Generally, the elements needed to prove false imprisonment are as follows:





    1) an act by the defendant that confines the plaintiff


    2) to a bounded area (meaning no reasonably means of escape)


    3) intent by the defendant and


    4) causation





    Additionally, in order to state a claim for false imprisonment, one of two things must have occurred. Either:





    1) the plaintiff was aware of the confinement; or,


    2) the plaintiff, even if unaware of the confinement, was harmed by it.





    So, for example, let's say your roomate locked you into your bedroom while you slept but before you awoke he unlocked the door. You are none the wiser about the confinement and have not been damaged - no cause of action.





    However, let's say you have a night nurse that comes in the middle of the night to give you a nightly dose of medicine as you sleep. She can't get in to administer your medicine because your roomate has locked the door. You wake up the next morning feeling horribly ill because you didn't get your medicine. Then you'd be able to maintain a cause of action, because even though you didn't know about the confinement you were injured by it.

    Two former Guantanamo Bay Victims acquitted of all charges, how much do we owe them for false imprisonment?

    Two more Kuwaitis freed from Gitmo and found to have no terrorist connections, as have most of the Gitmo prisoners. Were they tortured? Will that increase the amount of $ we will have to pay them after the lawsuits? Is the al-Jazeera cameraman next?Two former Guantanamo Bay Victims acquitted of all charges, how much do we owe them for false imprisonment?
    Two? What are you watching, CNN?





    THREE HUNDRED AND FORTY have been released from Guantanamo Bay after more than two years of unlawful imprisonment, only 440 remain and NONE of the 775 people kidnapped and tortured by the US has been charged and sent to trial except two:





    1) Jose Padilla, who is unfit to stand trial (despite the US government's lies) after going insane from torture and two years of solitary confinement.





    2) Australian David Hicks who is being accused of a charge made up _after_ he allegedly ';did it'; (and there's no proof of that, anyway); even the Australian government and courts, who WANT to prosecute him, say there are no charges that can be applied against Hicks. You can't charge someone retroactively with a made up crime, it's as illegal as double jeopardy.





    By the way, in recent days it has been proven that some in the Pentagon are guilty of the charge David Hicks is accused of, providing ';material help'; to the enemy (money), but I don't see them being charged.





    With any luck, all the kidnappees will be able to file suit against the US and do what the Southern Poverty Law Centre did to the Ku Klux Klan and the victims of pedopriests are doing to the catholic cult: BANRUPTING them.





    Both are VERY apt comparisons to what the US has done.








    .Two former Guantanamo Bay Victims acquitted of all charges, how much do we owe them for false imprisonment?
    I think we will let them slide on the hotel and food bill.
    Not a damn thing this is about our security.
    They will never see a dime of ';any money'; they claim we owe them for any of this!





    Do you think for one minute that Bush would ever pay these people for being in one of his jails??????????????





    You are kidding right?
    $0.00 that is how much I owe them. You feel free to liquidate all your assets and give it all to them. I, an American tax payer will not pay them anything.

    Can someone be charged with false imprisonment for detaining a proven illegal immigrant until the authorities?

    arrive?Can someone be charged with false imprisonment for detaining a proven illegal immigrant until the authorities?
    being a misdemeanor, no. if he's committing a crime, yes, but not for residing illegaly in this country.


    If residing illegally were a felony, then the answer would probably be yes.Can someone be charged with false imprisonment for detaining a proven illegal immigrant until the authorities?
    Good lord, yes. At the very least, false imprisonment. Kidnapping, Assault, Terroristic Threats, and more. And god forbid the person fatally injures himself trying to escape from you, that would be murder.





    Let the police and feds do their job. And you get back to doing yours at the Walmart. Those shelves won't stock themselves.
    Not if you live in Mexico. That country has NO tolerance for illegal immigrants.
    if they are wanted you can make a citizen,s arrest then you can detain them.
    A citizen's arrest can only be made if you witness a person involved in committing a felony. A misdemeanor doesn't count.
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