FALSE IMPRISONMENT

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torts. Any intentional detention of the person ofanother not authorized by law, is false imprisonment. 1 Bald. 571, 9 N. H.Rep. 491, 2 Brev. R. 157. It is any illegal imprisonment, without anyprocess whatever, or under color of process wholly illegal, without regardto the question whether any crime has been committed, or a debt due. 1Chit. Pr. 48, 5 Verm. 588, 3 Blackf. 46, 3 Wend. 350 5 Wend. 298, 9 John.117, 1 A. K. Marsh. 845, Kirby, 65, Hardin 249.

2. The remedy is, in order to be restored to liberty, by writ of habeascorpus, and to recover damages for the injury, by action of trespass vi etarmis. To punish the wrong done to the public, by the false imprisonment ofan individual, the offender may be indicted. 4 Bl. Com. 218, 219, 2 Burr.993. Vide Bac. Ab. Trespass, D 3 Danes Ab. Index, h. t. Vide 9 N. H. Rep.491, 2 Brev. R. 157, Malicious Prosecution, Regular and Irregular Process.

Source: Bouviers Law Dictionary 1856 Edition

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