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Complaint For False Arrest and Imprisonment - 4th and 14th Amendment...

Complaint False Imprisonment With Case Law In Pennsylvania

Category:

Civil Actions - False Imprisonment

State:

Multi-State

Control #:

US-000280

Format:

Instant download

Description

The Complaint for false imprisonment in Pennsylvania is a legal document utilized by individuals seeking redress for wrongful detention or arrest by another party. This form allows the plaintiff to outline specific instances where they believe unlawful actions have occurred, drawing on relevant case law to establish the basis for their claims. Key features of the form include sections for detailing the plaintiff's personal information, the defendant's identification, specific allegations related to false imprisonment, emotional distress caused, and the desired damages sought, including both compensatory and punitive damages. The form encourages plaintiffs to present a clear narrative of the events leading to their complaint, supported by factual evidence, such as affidavits or dismissal records from prior proceedings. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants looking to navigate the complexities of Pennsylvania's legal landscape surrounding false imprisonment claims. The instructions for filling out and editing the form emphasize clarity and completeness, allowing for accurate portrayal and advocacy of the plaintiffs' rights in court. Ideal use cases involve those who have been wrongfully accused or detained, enabling them to seek justice and compensation through legal channels.

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FAQ

The most common defense is consent. In other words, the victim voluntarily agreed to being confined.

§ 2903. False imprisonment. (a) Offense defined. --Except as provided under subsection (b) or (c), a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

--A person is guilty of criminal coercion, if, with intent unlawfully to restrict freedom of action of another to the detriment of the other, he threatens to: (1) commit any criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; or ...

3921. Theft by unlawful taking or disposition.

To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.

In Pennsylvania, you can only recover compensation through a civil lawsuit for wrongful conviction.

If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.

Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.