§ 16-2 False Imprisonment - Elements

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 16-2 False Imprisonment - Elements

In order to recover under a theory of false imprisonment, the plaintiff must prove:

(1) the defendant restrained the plaintiff;
(2) the restraint was intentional; and
(3) the restraint was unlawful.

Restraint constituting a false imprisonment may be committed by words alone or acts alone, or by both, and may operate merely on the will of the individual, or by personal violence, or by both. It is not necessary that the individual be confined within a certain area, a prison, or within walls, or that he be assaulted, or even touched. The tort of false imprisonment does not require an actual injurious touching. It is not necessary that there should be any injury done to the individual's person, or to his character, or reputation. Nor is it necessary that the wrongful...