Chicago False Imprisonment Lawyer - Article

What is False Imprisonment?

Simply put, it is confining someone to a certain area against their will. This can sometimes be a criminal offense, and/or it can be grounds for a tort (a type of lawsuit filed against a person whose deliberate actions caused injury to another person).

In Illinois, certain conditions must be met before a victim has grounds for a false imprisonment tort:

• The defendant intentionally restrained the plaintiff, either with physical force or the threat of immediate personal injury, or both.
• The defendant did not have reasonable grounds to think the plaintiff had committed a criminal offense.
• The plaintiff was aware of the confinement as it occurred.
• There was no reasonable way for the plaintiff to escape the area they were confined to.
• The defendant had no legal authority to restrain the plaintiff.

Police officers can be charged with false imprisonment if they did not have legal justification for restraining the plaintiff. However, physical restraint by police or civilians does not legally qualify as false imprisonment under certain circumstances:

• The plaintiff could have escaped the area without risk to their safety, for example by climbing out of a first floor window.
• The defendant did not immediately cause or was unaware of the imprisonment, for example if a person locks himself in a basement room at a friend’s house, without the friend’s knowledge.
• The plaintiff was unaware that they were being detained.
• The defendant was conducting a citizen’s arrest, behaved within acceptable standards of behavior, had reason to suspect the plaintiff and did not cause the plaintiff injury.

What can I do if I’ve been falsely imprisoned?

If you have been falsely imprisoned, you need to contact an experienced personal injury lawyer who can help you file a false imprisonment tort. Contact the offices of Chicago false imprisonment attorneys Friedman & Bonebrake at 312-466-8200.