False Imprisonment as a Cause of Action in New York

False imprisonment is a civil claim that allows someone to sue if they were wrongfully held or detained against their will. In New York, this claim can apply in both public and private settings, including encounters with law enforcement, store security, or even private individuals. To win a case for false imprisonment, the person bringing the lawsuit, known as the plaintiff, must prove each of four key elements.

Intent to Confine

The first requirement is that the defendant must have intended to confine the plaintiff. This means the defendant must have acted in a way that deliberately restricted the plaintiff’s freedom of movement. It does not require that the defendant had bad intentions or meant to cause harm, only that they meant to keep the plaintiff in a specific place or prevent them from leaving.

Awareness of the Confinement

The plaintiff must have been aware that they were being confined at the time it happened. If someone was asleep, unconscious, or otherwise unaware of the confinement, they usually cannot make a false imprisonment claim. The idea is that the person must have known they were being held against their will when it occurred.

Lack of Consent

The third element is that the plaintiff did not agree to be confined. If someone willingly goes along with being held in a room, follows a request to stay put, or agrees to be detained for a brief period, that is not considered false imprisonment. The confinement must happen without the plaintiff’s voluntary consent.

No Legal Justification

Finally, the confinement must not be legally allowed. If the defendant had a valid reason to confine the plaintiff, such as a police officer making a lawful arrest with probable cause, then the false imprisonment claim will fail. This part of the law recognizes that sometimes people can be lawfully detained under specific rules, such as those involving criminal arrests or store security detaining suspected shoplifters within reasonable bounds.

Conclusion

False imprisonment claims in New York focus on the right to move freely and not be held without good reason. A successful claim requires showing that the confinement was intentional, the person knew it was happening, they did not agree to it, and there was no legal authority to do it. Whether in a retail store, a workplace, or during a police stop, understanding these elements can help determine if a case for false imprisonment exists.

Find the Law

“In an action to recover damages for false imprisonment the plaintiff must show that: (1) the defendant intended to confine him or her, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement, and (4) the confinement was not otherwise privileged (see Broughton v State of New York, 37 NY2d 451 [1975]).” LeBron v. City of N.Y., 2017 N.Y. Slip Op. 31110, 4 (N.Y. Sup. Ct. 2017).