(1) An actor is liable to another with a false custodial sentence if: (a) he acts with the intention of imprisoning the other or a third party within the limits set by the actor, and (b) his act leads directly or indirectly to such incarceration of the other and (c) the other is aware of or harmed by imprisonment. A person who consents to detention without coercion, coercion or fraud may not subsequently demand false detention. As a result, voluntary consent to incarceration is often a defence to false incarceration. An officer who makes the arrest and fails to bring the arrested person before a court or judge within a reasonable time or without undue delay is guilty of false detention. Similarly, an officer who arrests a person without an arrest warrant is responsible for a false detention by detaining the detainee for an unreasonable period of time. Dragna v White, 45 Cal. 2d 469 (Cal. 1955). In most cases/in general, the answer is no, because there must be positive action. However, in certain circumstances, defendants may still be held liable if they are subject to a positive obligation to release the plaintiff and the plaintiff has the legal right to release.
In Association des agents pénitentiaires v. Iqbal [27], in which one accused was unable to leave his cell because prison officials went on strike [61], concluded that: (b) the other submits to such detention because the other believes that he is obliged to comply with the authority`s request or that he could have adverse legal or physical consequences in the event of non-compliance. False arrests and imprisonments have been recognized as other forms of false imprisonment. In the event of a false arrest, a detained person mistakenly believes that a person who detained him or her has the legal authority to make an arrest. In one case in Louisiana, USA, a pharmacist and his pharmacy were found liable by a trial court for false detention. They hesitated to buy time and asked a patient to wait simultaneously and without the patient`s knowledge while calling the police. The pharmacist was suspicious of the patient`s prescription, which her doctor had previously activated. When the police arrived, they arrested the patient. While the patient was in prison, the police checked with her doctor that the prescription was genuine and intended for her. After this incident, the patient sued the pharmacy and its staff.
She received $20,000 in damages. An appeals court overturned the decision because it found that the elements of the false detention were not respected. [10] [11] In order to avoid liability in an action for a false prison sentence, a person must prove that he or she did not detain the other person or justify the prison sentence. The existence of probable grounds for detention is a defence if it constitutes reasonable grounds to act to defend property or to make an arrest without warrant. A person is not responsible for false detention if, under certain conditions, the handcuffed person is a child under the age of seventeen. However, contributory negligence is not considered a defence if the injustice is more than mere negligence. h. The plaintiff does not have to believe that the actor has the legal authority he claims.
Delivery may also take place if the applicant considers that the actor does not have the legal power to limit it in the circumstances, as long as the applicant considers that he may be obliged to comply or have adverse legal consequences if he does not do so. All states have fake prison laws to protect themselves from illegal detention. In order to prove a false claim for imprisonment as a tort, the following must be present: False detention is the intentional detention or imprisonment of others, without their consent and without adequate legal authority. Similarly, “false arrest” occurs when a person arrests another person without legal authority to do so, which becomes false detention at the time they are detained. c. Link to an “unlawful arrest” or “false arrest”. The most common situation in which an actor claims legal authority to imprison a person (and in which the person submits to detention) is when the actor claims the power to arrest the person.