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In reply to the discussion: A racist woman just lost it, tried to place a Mexican family under citizen's arrest [View all]steventh
(2,192 posts)Is this criminal or civil false imprisonment?
False Imprisonment: The Intentional Tort
The commonly accepted definition of false imprisonment defines the tort as:
the unlawful restraint of another
against their will, and
without legal justification.
Proving the first element of false imprisonment involves looking at the facts and determining whether there was any force -- or threat of some kind -- used in restraining the accusing party. It is important to note that actual force is not necessary. While locking someone in a car or in a room or otherwise blocking their exit is relatively clear-cut, an implied threat of force is also enough to prove intent. An example would be threatening to injure a party if they attempt to leave, even though the exits are not blocked.
More at http://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html