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False Imprisonment

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FALSE IMPRISONMENT is the total restraint upon the liberty of another person for however short a time without legal justification. Partial restraint, such as preventing a person from walking in a particular direction, is not sufficient, but actual locking up is not necessary, and the restraint may be either physical or exercised on a show of authority (Bird v. Jones, 7 Q.B. Imprisonment may be justified either at common law or under statute, but justification for interference with the liberty of the subject must be strictly proved. False imprison ment gives the right of a civil action for damages, but, in addition, where the detention is physical and continued a writ of habeas corpus ad subjiciendum may be obtained. (See also ARREST and HABEAS CORPUS.)

restraint