How to handle False Imprisonment

Where a person is arrested with no lawful authority or probable cause and is confined to a place his will by any person or body, that person may be entitled to initiate claims for wrongful arrest and false imprisonment.

Persons can be falsely imprisoned by individuals, law enforcement officers or even public bodies. It is not necessary for the personal claiming false imprisonment to be placed in a holding cell; once that individual is confined against their will and they are aware that they are, a claim of false imprisonment can be instituted.

Wrongful arrest usually accompanies a claim of false imprisonment and occurs when an individual, an enforcement officer or a public body arrests a person without lawful authority

These claims can be brought against the wrongdoer up to four years after the date of the wrongful act.

Many times persons bring actions for false imprisonment and wrongful arrest usually institute claims for malicious prosecution where they have been charged for a criminal offence by the entity which wrongfully arrested them.

To initiate a claim of malicious prosecution a plaintiff must show (a) that the law was set in motion against him on a charge for a criminal offence; (b) that he was acquitted of the charge against him or that it was otherwise determined in his favour; (c) that the prosecutor set the law in motion without reasonable and probable cause; and (d) that in so setting the law in motion the prosecutor was actuated by malice.

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