How To Prove A Florida False Imprisonment Claim

 

 

In Florida, a claim of False Imprisonment is defined as:

False Imprisonment is to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful.

It simply means:

Illegally holding someone against their will.

There are 2 elements of the claim:

• Element 1. The defendant unlawfully deprived the plaintiff of freedom of movement (liberty). The defendant wrongfully restricted the plaintiff’s ability to move freely, essentially trapping them in a way that violated their personal freedom.
  

  Facts that might support this element look like:

  * The defendant physically blocked the plaintiff’s exit from the room, preventing them from leaving.
  * The defendant threatened the plaintiff with harm if they attempted to leave the premises.
  * The plaintiff was confined in a locked area without their consent for several hours.
  * The defendant did not have legal authority to detain the plaintiff at any time.
  * The plaintiff repeatedly asked to leave, but the defendant refused to allow them to do so.

• Element 2. The deprivation of liberty was against the plaintiff’s will. The deprivation of liberty against the plaintiff’s will means that the person was held or confined without their consent, meaning they did not agree to be restricted in their freedom, which is a key part of proving a false imprisonment claim.
  

  Facts that might support this element look like:

  * The plaintiff repeatedly requested to leave the premises but was denied by the defendant.
  * The plaintiff expressed clear verbal objections to being confined, indicating a desire to exit.
  * The defendant physically blocked the plaintiff’s path, preventing any attempt to leave.
  * The plaintiff was not informed of any legal justification for the confinement at any time.
  * The plaintiff was held against their will for an extended period without consent.

^{(See Florida Statutes Ch. 787 Sec. 02 (2012). Montejo v. Martin Memorial Medical Center, 935 So. 2d 1266 (Fla. Court of Appeals 2006).)}
If you’re in court without a lawyer and plan to assert a Claim of False Imprisonment, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your case.

Prove Your FL False Imprisonment Claim

U.S. Civil Cases Only