It depends. There may be liability for false imprisonment under certain circumstances. The answer will depend heavily on the circumstance underlying your particular case.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Need additional facts in order to provide an opinion.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Could be a criminal act.
Could be an action giving rise to a civil claim.
Could be nothing.
Depends on the act....information you did not provide.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
There could be potential civil liability, but your question is not clear as to exactly how this person's liberty was affected.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
As others have noted, your question lacks sufficient facts. In general, a private citizen can sue another private citizen for the "torts" of false imprisonment (also known as "false arrest") and malicious prosecution (that does not necessarily involve a physical deprivation of liberty). If a private individual is "acting under color of state law", meaning they are in some way directly exercising governmental authority, even though not as a government official, per se, their conduct resulting in a deprivation of liberty may be unconstitutional and subject to a federal lawsuit.
As citizens, our personal liberty is prized and protected by both the Constitution and the statutes and common law of the several states. If you believe you have been unlawfully deprived of liberty you should contact a lawyer in your state who can give you specific legal advice. Many lawyers will give an initial consultation at no fee, and may accept such cases on a "contingent fee" - i.e., if you win and collect a judgment or settlement their fee will be a percentage of your recovery. In the case of lawsuits brought in federal court for deprivation of Constitutional rights under color of state law, the court will almost always award you an additional amount of money as attorney fees.
Pain and suffering Personal injury Personal injury lawsuits Personal injury settlement Personal injury and false imprisonment Criminal defense Criminal charges for false imprisonment Criminal arrest Constitutional law Federal crime Lawsuits and disputes State, local, and municipal law Civil rights Fees Federal court
Sign up to receive a 3-part series of useful information and advice about personal injury law.