Example and Hypothetical Scenario. In the first unnumbered paragraph, use whichever phrase, "false imprisonment" or."false arrest," is more appropriate. 3. If you are referring to the tort of false imprisonment, then the answer is yes. In New York, a private person or a police officer commits the tort of false imprisonment or false arrest when they detain someone without legal authority. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. Under our law, a person is guilty of Unlawful Imprisonment in the Second Degree when he or she restrains another person. On the other hand, a defendant commits the tort of false arrest when they unlawfully arrest another person. Ask them to fill out and sign a declaration. Fill out the contact form or call us at 312-345-8877 to schedule your free initial consultation.