Chapter 20 FALSE IMPRISONMENT

• Jurisdiction: North Carolina

20 FALSE IMPRISONMENT

A. Definition

The tort of false imprisonment protects the plaintiff's interest in freedom of movement.¹

False imprisonment is the unlawful and total restraint of the plaintiff against his will.²

B. Elements

In order to establish an action for false imprisonment, a plaintiff must show:

(1) The defendant intentionally detained the plaintiff against the plaintiff's will, and
(2) The detention was unlawful.³

C. Elements Defined

1. Defendant Intentionally Detained the Plaintiff

Detention may result from an implied threat, such as when threatening words or conduct cause the plaintiff to have a reasonable apprehension that force will be used against him if he does not submit.⁴ The restraint need not be for a long period of time.⁵ Even a brief restraint of the plaintiff's freedom can qualify as "false imprisonment."⁶ The defendant's actions must be deliberate.⁷ A person is considered detained if he is restrained or deprived of his liberty.⁸

2. Unlawful Detention

A detention is unlawful unless it is legally justified or the person being detained consents to it.⁹

D. Defenses

The statute of limitations for the tort of false imprisonment is three years.¹⁰ Privilege or justification, such as restraint used by police officers or shopkeepers, can be a defense to a claim for false imprisonment.¹¹ Consent by the plaintiff to the detention may also be a defense to false imprisonment.¹²

E. Damages

Recovery for false imprisonment includes both damages for bodily injury and physical pain, as well as compensation for mental pain and suffering, humiliation, and injury to reputation.¹³ Punitive damages are also available under certain circumstances where extreme conduct on the defendant's part occurs.¹⁴ Costs are also available to the plaintiff.¹⁵

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Notes:

^[1]Restatement (Second) § 35, comment h.

^[2]Harwood v. Johnson, 326 N.C. 231, 388 S.E.2d 439 (1990).

^[3] Black v. Clark's Greensboro, Inc., 263 N.C. 226, 228, 139 S.E.2d 199, 201 (1964); Rousello v. Starling, 128 N.C. App. 439, 495 S.E.2d 725, review denied, 505 S.E.2d 876 (1998). See N.C.P.I. - Civil 802.00 and 802.01 for recitation of elements in the court's instructions to the jury.

^[4]Hales v. McCrory-McLellan Corp., 260 N.C. 568, 570, 133 S.E.2d 225, 227 (1963); Rousello v. Starling, 128 N.C. App. 439, 495 S.E.2d 725, review denied, 505 S.E.2d 876 (1998); Rogers v. T.J.X. Cos., 101 N.C. App. 99, 104, 398 S.E.2d 610, 613, review denied, 328 N.C. 332, 402 S.E.2d 838, rev'd in part, 329 N.C. 226, 404 S.E.2d 664 (1991).

^[5]West v. King's Dep't Store, 321 N.C. 698, 365 S.E.2d 621 (1998) (false imprisonment claim existed where plaintiff was restrained for "no appreciable period of time").

^[6]West v. King's Dep't Store, 321 N.C. 698, 365 S.E.2d 621 (1998).

^[7]Emory v. Pendergraph, 154 N.C. App...