False Imprisonment in Florida

Elements of a False Imprisonment Claim

False imprisonment is the unlawful restraint of a person against their will, depriving them of personal liberty. The legal foundation for this tort is rooted in Florida Statute § 787.02. To succeed in a civil claim, a plaintiff must prove three essential elements.

1. An Intentional Act of Restraint: The defendant must have intentionally and willfully acted to confine or restrain the plaintiff. Accidental confinement is not sufficient. The restraint can be accomplished through:
   • Physical Force: Even minimal force, such as grabbing an arm, can qualify.
   • Threat of Force: A credible threat of harm that would cause a reasonable person to feel they cannot leave.
   • Deception or Coercion: Tricking someone or using duress to confine them.
2. Detention Without Consent: The restraint must be "against the will" of the plaintiff, meaning it occurred without their valid consent.
3. Unlawful Detention: The restraint must have been without lawful authority or legal justification.

The victim must generally be aware of the confinement at the time it occurs, or they must have suffered some harm as a result of it. Even a momentary restraint can be sufficient to establish the tort.

Civil vs. Criminal False Imprisonment

An act of false imprisonment can lead to two parallel legal actions with different goals and standards.

• Civil Tort: A private lawsuit brought by the victim to seek monetary compensation for damages. The burden of proof is a "preponderance of the evidence" (more likely than not).
• Criminal Offense: A public action brought by the state to punish the offender. False imprisonment is a third-degree felony in Florida, and the state must prove guilt "beyond a reasonable doubt."

Defenses to False Imprisonment

A defendant can avoid liability by proving the restraint was legally justified.

The Shopkeeper's Privilege

This is a powerful statutory defense for merchants. Under Fla. Stat. § 812.015, a merchant who has probable cause to believe a person has committed retail theft may detain that person without civil liability, provided the detention is done:

• In a reasonable manner.
• For a reasonable length of time.
• For the limited purpose of verifying identification and notifying law enforcement.

A merchant loses this privilege if they act without probable cause or if the detention is unreasonable in its manner or duration.

Other Key Defenses

• Lawful Authority: The restraint was a lawful arrest by a police officer with probable cause or a valid warrant, or a lawful citizen's arrest.
• Consent: The plaintiff voluntarily consented to the confinement without coercion or duress.
• Self-Defense / Defense of Others: The restraint was reasonably necessary to protect oneself or a third party from imminent harm.

Damages and Statute of Limitations

Damages

A successful plaintiff can recover compensatory damages for all harm resulting from the confinement, including economic losses (lost wages) and non-economic losses (emotional distress, humiliation, injury to reputation). In cases of malicious or wanton conduct, punitive damages may also be awarded.

Statute of Limitations

A civil lawsuit for false imprisonment must be filed within four years of the incident, as per Florida's statute of limitations for intentional torts (Fla. Stat. § 95.11(3)(o)).