Georgia Claims for False Imprisonment

Being threatened and held against one’s will is a terrifying experience. Even if you were not physically harmed, the emotional and psychological impact can be devastating and life changing. If you have been the victim of false imprisonment, you may be entitled to compensation for damages arising from the incident, including pain and suffering, lost time, and harm to your reputation. An attorney from Katz Wright Fleming Dodson & Mildenhall, LLC in Atlanta can help you make a successful claim.

What is False Imprisonment?

False imprisonment is the unlawful restraint of a person’s liberty or freedom without his or her consent or any legal justification. It may be committed by words, acts, or both. Importantly, physical violence is not necessary for an act to qualify as false imprisonment. The two essential elements of a false imprisonment claim are:

  1. Intentional detention or restraint of a person against his or her will
  2. Unlawfulness of the detention or restraint

Being detained against one’s will means that you are confined to a certain area and you are not allowed to leave. The area can be as small as a square foot to as large as a geographic area, like a town, the state of Georgia, or even the country. Conversely, stopping a person from entering a specific place is not considered false imprisonment.

To qualify as false imprisonment, the detention must involve actual force, like grabbing, holding, or manhandling, or the threat of force or harm. A threat of force must be such that any reasonable person would believe they could be hurt if they attempted to leave the area. In some cases, the threat of harm isn’t to the person, but rather to property or reputation, so long as the harm is threatened for the near future and there is no easy or apparent means for one to escape the harm.

False Imprisonment versus False Arrest

The terms false imprisonment and false arrest are sometimes used interchangeably. In fact, false arrest is a form of false imprisonment with particular elements. Namely, false imprisonment can be committed by anyone, but false arrest usually involves a legal authority. For more on false arrest, please see our page discussing civil actions for false arrest in Georgia.

Contact the Legal Team at KWFDM about False Imprisonment

If you believe you have been the victim of false imprisonment, please contact Katz Wright Fleming Dodson & Mildenhall, LLC to schedule a free initial consultation. One of our Atlanta attorneys will evaluate your potential claim and help you determine your options for recovery. We represent clients across Georgia, including Roswell, Rome, Macon, Savannah and Albany. Call our legal team today at 404-460-0101.

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