AZ Common Law Causes of Action FALSE IMPRISONMENT (2011)

• Jurisdiction: Arizona

FALSE IMPRISONMENT

Elements

“False imprisonment requires proof that:

(1) the defendant acted with intent to confine another person within boundaries fixed by the defendant;

(2) the defendant’s act resulted in such confinement, either directly or indirectly; and

(3) the other person was conscious of the confinement or was harmed by it.”

Hart v. Seven Resorts Inc. , 190 Ariz. 272, 281, 947 P.2d 846, 855 (App. Div. 1, 1997)

Proof

“[T]he essence of false imprisonment is the direct restraint of personal liberty or freedom of locomotion, either by actual force or from the fear of force.” Wisniski v. Ong, 84 Ariz. 372, 376, 329 P.2d 1097, 1099 (1958).

“One who instigates or participates in the unlawful confinement of another is subject to liability to the other for false imprisonment.” Deadman v. Valley Nat. Bank of Ariz., 154 Ariz. 452, 457, 743 P.2d 961, 966 (App. Div. 1, 1987).

“If a confinement of one party imposes confinement on another party, the actor is subject to liability to such other as fully as though it were intended so to affect him.” Gau v. Smitty’s Super Valu, Inc., 183 Ariz. 107, 110, 901 P.2d 455...