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Complaint False Imprisonment With Case Law In Pennsylvania
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Multi-State
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US-000280
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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.
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A person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. State as briefly as possible the facts of your case.Contents of Complaint. A charge of false imprisonment or kidnapping in Pennsylvania is serious; why you need an experienced attorney handling your case. False Imprisonment (Count III). I verify that the statements made in this Complaint are true and correct. Pursuant to the Public Access Policy of the Unified Judicial System of Pennsylvania : Case Records of the Appellate and Trial Courts, the. The unlawfulness of such detention. Such detention is unlawful if it is a consequence of a false arrest. If you submit the full filing fee and administrative fee along with your complaint, you do not need to complete the Application to Proceed In Forma Pauperis.