ORANGE COUNTY ATTORNEY
False imprisonment requires some restraint of the person and that he be deprived of his liberty or compelled to stay where he does not want to remain, or compelled to go where he does not wish to go; and that the person be restrained of his liberty without sufficient complaint or authority.
In addition to recovery for emotional suffering and humiliation, one subjected to false imprisonment is entitled to compensation for other resultant harm, such as loss of time, physical discomfort or inconvenience, any resulting physical illness or injury to health, business interruption, and damage to reputation, as well as punitive damages in appropriate cases.
Claims for false arrest/imprisonment commonly arise when a store or mall security guard exceeds his authority and detains someone who has indeed done nothing wrong. While there are certain privileges provided to retailers and their security staff, the key to these cases is generally whether the person making the detention or arrest acted with probable cause. If not, then any restraint, even though no criminal charges are ever pursued against you, may form the basis of a valid claim. The law in this area can be complex, and it is important to find an attorney who has dealt with these issues many times.