How To Prove A Texas False Imprisonment Claim

 

 

In Texas, 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 3 elements of the claim:

• Element 1. The defendant willfully detained the plaintiff. The defendant intentionally kept the plaintiff from leaving a place, without their permission, which is a key part of proving that false imprisonment occurred.
  

  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 verbally threatened the plaintiff, stating they could not leave until a certain condition was met.
  * The defendant locked the door behind the plaintiff, ensuring they could not exit without permission.
  * The plaintiff repeatedly asked to leave, but the defendant ignored these requests and insisted they stay.
  * The defendant held the plaintiff’s belongings, claiming they could not leave without retrieving them first.

• Element 2. The detainment was without the plaintiff’s consent. The detainment was without the plaintiff’s consent means that the person being held did not agree to stay in that situation, making it unlawful and a key part of proving they were falsely imprisoned.
  

  Facts that might support this element look like:

  * The plaintiff was physically restrained by security personnel without any verbal or written consent.
  * The plaintiff repeatedly requested to leave the premises, but their requests were ignored by the staff.
  * The plaintiff was not informed of any reason for their detainment, indicating a lack of consent.
  * The plaintiff did not agree to any terms that would allow for their confinement in the area.
  * The plaintiff was not given the option to leave, as the exit was blocked by employees.

• Element 3. The detainment was without authority of law. The detainment was done without legal permission, meaning the person holding someone against their will had no right or lawful reason to do so, which is a key part of proving a false imprisonment claim.
  

  Facts that might support this element look like:

  * The individual was detained by a security guard without any evidence of wrongdoing or suspicion of criminal activity.
  * Law enforcement was not present at the scene, and no legal authority was invoked to justify the detainment.
  * The detainment lasted for several hours without any formal charges being filed against the individual.
  * The individual repeatedly requested to leave, but the security personnel refused to allow them to do so.
  * No consent was given by the individual for the detainment, and they were not informed of any legal basis for it.

^{(See Martinez v. English, 267 S. W. 3d 521 (Tex. Court of Appeals 2008). Randall’s Food Markets, Inc. v. Johnson, 891 SW 2d 640 – Tex: Supreme Court 1995.)}
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 TX False Imprisonment Claim

U.S. Civil Cases Only