False Imprisonment With Violence In Salt Lake

State:
Multi-State
County:
Salt Lake
Control #:
US-000280
Format:
Word; 
Rich Text
Instant download

Description

The document is a complaint filed in the United States District Court concerning false imprisonment with violence in Salt Lake. It outlines claims made by the plaintiff against the defendant, alleging wrongful actions that led to false arrest and emotional distress. Key features include the identification of both parties, specific allegations of false imprisonment and malicious prosecution, and a request for compensatory and punitive damages. Filling instructions emphasize providing accurate details related to the date, location, and nature of the allegations, as well as ensuring the correct names of the parties involved are included. Legal professionals such as attorneys, partners, and paralegals may utilize this form to advocate for clients who have experienced wrongful imprisonment and seek damages for emotional harm. The form is specifically useful for cases involving malicious intent and may serve as a foundational legal document in litigation related to personal injury and civil rights violations. The clarity of the document allows for straightforward editing and filling to ensure the plaintiff's claims are adequately represented.
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  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand
  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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FAQ

False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur.

The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's will ...

Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair.

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

An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual.

Examples of false imprisonment may include: A person locking another person in a room without their permission. A person grabbing onto another person without their consent, and holding them so that they cannot leave.

California Penal Code 236 PC defines false imprisonment as the unlawful violation of someone else's personal liberty. To violate someone's liberty means a sustained restriction of their freedom using violence, duress, fraud, or deceit.

Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.

False Imprisonment vs. Assault: Assault involves a threat of bodily harm coupled with an apparent, present ability to cause the harm, creating a reasonable fear in the victim. On the other hand, false imprisonment focuses on the unlawful restriction of a person's freedom of movement.

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False Imprisonment With Violence In Salt Lake