• 2005 - False Imprisonment
  • C-11.00
    • Advice Of Counsel
    • False Imprisonment
    • Tort Liability
    • Tort Liability
  • One who [arrests] [detains] another without authority of law may be at fault for false imprisonment.

     

    An arrest is a detention of a person by means of physical force, or show of authority. Formal words of arrest are not required, but circumstances must exist that would cause a reasonable person to conclude that [he] [she] was under arrest or not free to leave.

    • Haggard v. First Nat'l Bank, 8 NW2d 5 (ND 1942)
    • Wishnatsky v. Berguist, 550 NW2d 394 (ND 1996)
  • Notes: