How do I fill out the claim form? Under Ohio law, a plaintiff cannot sue for malicious prosecution unless the underlying process or legal action has been revolved in the accused's favor.False imprisonment is an intentional tort and that means you can sue for compensation. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. How do I fill out the claim form? False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort. Though mitigation of damages is an affirmative defense, see Instruction ), it is rarely a complete defense. The Construction Litigation Group (CLG) is housed within the COCD Section. The second way employees are protected are under the common law tort of false imprisonment.