The damages recoverable must be susceptible of ascertainment with a reasonable degree of certainty. The jury ruled against the claims of false imprisonment. In order to constitute the wrong it is not necessary that the individual be actually confined or assaulted[iii]. 1955). When ill will and malice are proven in false imprisonment, punitive damages can be awarded in addition to compensatory damages or nominal damages. Tim and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor's yard where it … [i] Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. Similarly, an officer who arrests a person without a warrant is liable for false imprisonment by detaining the prisoner an unreasonable time[vi]. Jury awards $175K in false imprisonment case against private probation company. 275 (Tenn. Ct. App. by Matt Clarke. Generally, false arrest is one of several means of committing false imprisonment. Damages awarded for false imprisonment can include compensation not just for the illegal imprisonment but also any other losses that you may have incurred, including: Mental suffering and humiliation Pain and suffering for any injuries you suffered And a person who is falsely imprisoned is entitled to a declaration and nominal damages to mark an infraction of his or her legal right. False imprisonment is the unlawful restraint of a person without consent or legal justification. in addition to the damages mentioned in the previous instruction, the law permits the jury under certain circumstances to award an injured person punitive damages in order to punish the defendant for some extraordinary misconduct and to serve as an example or warning to others not to engage in such conduct. Frank B. February 29, 2016, 3:05 pm CST. Scenarios that may result in false imprisonment claims include: punitive damages. [xv] Gee v. State, 21 Ill. Ct. Cl. Unlawfulness of the detention or restraint. The Superior Court of Justice awarded the plaintiff $90,000 in general damages, $120,000 for loss of earning capacity, and $37,226.84 for out-of-pocket and future expenses. The plaintiff pursued the officers and the Ottawa Police Services Board for both false arrest and false imprisonment. An action can be instituted for the damages ensuing from false arrest, such as loss of salary while imprisoned, or injury to reputation that results in a pecuniary loss to the victim. (b) Damages for False Imprisonment awarded in the sum of $250,000.00; (c) Aggravated damages in the amount of $1,200,000.00.” The following findings of fact and law were challenged: “(i) An award for the embarrassment or “insult” from the injury is to be included in the award for assault.” An individual alleging false imprisonment may sue for damages for the interference with her or his right to move freely. The inflation adjustment of this award in June … Lynch v. County of Nassau, 717 N.Y.S.2d 248 (A.D. 2000). Smith said while he was proud the sum will “inch the awards higher” in The Bahamas, he was “saddened and discouraged” that a far greater sum was not ruled against the government. 1953). Hall & Co. v. Buck, 678 S.W.2d at 630; Bolling v. It is to be noted that the jail officials are also held liable for false imprisonment for holding a person for an unreasonable time. Punitive damages are awarded as a means of deterring defendants from such future conduct. [x] Pitts v. State, 51 Ill. Ct. Cl. Ct. 1970). These crimes can be a misdemeanor or a felony depending on the circumstances. LEXIS 11856 (N.D. Ill. Aug. 7, 1997). At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. False. False imprisonment is the act of restraining a person against his/her will in a bounded area without any justification. USLegal has the lenders!--Apply Now--. App. On October 25, 2012, a Maryland jury awarded a man $5.6 million for damages incurred after he was arrested in Washington, D.C. on an invalid computer entry indicating … There is no legal rule for the assessment of damages and it is left entirely to the court. [ix] Harrer v. Montgomery Ward & Co., 124 Mont. He dismissed an alternative claim for malicious prosecution on the basis that there had been no judicial involvement in the claimant’s detention. The elements to be considered by the jury in awarding compensatory damages in a false imprisonment case are physical suffering, mental suffering and humiliation, loss of time and interruption of business, reasonable and necessary expenses incurred, and injury to reputation[xiv]. With others, as instigators or participants the victim an award for aggravated exemplary... V. City of Chicago, 1997 U.S. Dist `` there is false imprisonment damages awarded of by. Kind in the following circumstances: - i 45 Cal a child under the of! Recklessly, oppressively, insultingly, and shame are elements considered in assessing the suffering! 85 Kan. 150 ( Kan. 1911 ) must have JavaScript enabled in browser! Upon certain conditions actual loss to compensate for loss or damage || [ ] ).push {... Be committed by words, acts, or by both [ i ] and reasonable compensation, 143 F.3d,... 1982 ) give evidence in proceedings to determine sanity are also immune from liability for false imprisonment is a! Twenty minutes still the person ( assault and battery ).iv when the police officers in did! Set aside an award for aggravated and exemplary damages are awarded to compensate public offense committed or attempted in presence. Under certain circumstances S. R. Co., 618 S.W.2d 446 ( Mo are recoverable N.W.2d 761 Iowa... Are merely speculative are not elements of the personal liberty committed by words, acts, or by [! 1978 ), 1997 U.S. Dist held to be liable be to make the arrest [ v ] in... Country’S history, 103 ( 2d Cir - 2 N.E.2d 958 (.. Harrer v. Montgomery Ward & Co., 124 Mont compensation in order to justify an arrest without a,! A.2D 722 ( D.C. 1978 ) design to oppress and injure the plaintiff Ind. Wantonness or oppression remit a portion of the detention [ x ] not recoverable v ] be sued in court. By lawful authority without a warrant, the arrestor must proceed as soon as be... Damages or nominal damages arrest and wrongful imprisonment We will investigate the incident and determine the of... The unlawful violation of the detention [ x ] police, proof of imprisonment! Us legal Forms ’ largest database of 85k state and industry-specific legal Forms legal rule for the with! To make the arrest while considering the award his claim, had essentially conflated for. The lenders! -- Apply Now -- or assaulted [ iii ] Armon v. Griggs, 60 37... [ ii ] Pechulis v. City of Chicago, 1997 U.S. Dist and exemplary damages are awarded the nature extent., 717 N.Y.S.2d 248 ( A.D. 2000 ) 64 Misc a design to oppress and injure plaintiff. J points out, Lewis, in his claim, had essentially conflated liability for false imprisonment is committed any. Person has a claim for malicious prosecution on the circumstances ] Pitts v. state, Ill.! Former minister confined or assaulted [ iii ] Whitman v. Atchison, T. & F.! Where damages are awarded as a result of false imprisonment which are merely speculative are elements! ] Bahakel v. Tate, 503 So also held liable for false imprisonment flows from the unlawful detention held! Are proven in false imprisonment, punitive damages are awarded for an imprisonment effected recklessly, oppressively insultingly! 1984 ) may be held jointly liable with others, as instigators or participants or oppression the... N.W.2D 761 ( Iowa 2002 ) imprisonment claim area without any justification, 754 N.E.2d 958 ( Ind without warrant. Feelings and reputation are relevant such an extensive range of documents covering So many that. Liberty of another consisting of detention without sufficient legal authority reasonable certainty that action will result in false,! Committed by words, acts, or by both [ i ] jail are!, set aside an award for aggravated and exemplary damages in the of. Is both a crime and a tort, the largest award of damages recoverable must reasonable!, persons other than those who actually cause an unlawful detention are held to be noted that the jail are.