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3.13-3  False Imprisonment

Revised to January 1, 2008

False imprisonment is the unlawful restraint by one person of the physical liberty of another.  Restraint means the confinement of another person within boundaries fixed by the person imposing the confinement.  Any period of such restraint, however brief in duration, is sufficient to constitute a basis for liability. 

To prevail on a claim of false imprisonment, the plaintiff must prove that (his/her) physical liberty has been restrained by the defendant and that the restraint was against (his/her) will, that is, that (he/she) did not consent to the restraint or acquiesce in it willingly.

The plaintiff must additionally prove that the defendant acted with the purpose of imposing a confinement or with knowledge that such confinement would, to a substantial certainty, result from it.

The plaintiff must finally prove either that (he/she) was conscious of the confinement when it occurred or that (he/she) was harmed by the confinement.


Rivera v. Double A Transportation, Inc., 248 Conn. 21, 31 (1999); Berry v. Loiseau, 223 Conn. 786, 820 (1992); Green v. Donroe, 186 Conn. 265, 267-69 (1982); 1 Restatement (Second), Torts 35 (1965).


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