Tennessee Injury Lawyer Blog

A police officer may, without warrant, arrest a person: (i) for a public offense committed or a breach of the peace threatened in the officer’s presence; (ii) when the person has committed a felony, although not in the officer’s presence; (iii) when a felony has in fact been committed, and the officer has reasonable cause for believing the arrestee has committed it; or (iv) on a charge made, upon reasonable cause, of the commission of a felony by the arrested person.

Tenn. Code Ann. Sec. 40-7-103

A private citizen may arrest another: (i) for a public offense committed in his presence; (ii) when the arrested person has committed a felony, although not in his presence; or (iii) when a felony has been committed, and he has reasonable cause to believe that the arrested person committed it. Tenn. Code Ann. Sec. 40-7-109

A case for false imprisonment may be established by proving the following elements:

1) An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area;

2) Intent on the part of the defendant to confine or restrain the plaintiff to a bounded area; and

3) Causation.

Methods of confinement or restraint- An actionable confinement or restraint may occur in many ways.

1) Defendant may falsely imprison plaintiff by confining him through the use of physical barriers.

2) False imprisonment will result where plaintiff is restrained by the use of physical force directed at him or a member of his immediate family. All action may also lie if the force is directed against plaintiff’s property.

3) Direct threats of force by the defendants to the plaintiff’s person or property or against persons of the plaintiff’s immediate family can constitute false imprisonment.

4)False imprisonment can also arise from indirect threats of force.

5) Failure to provide means of escape. Where plaintiff has lawfully come under defendant’s control and it would be impossible to leave without defendant’s assistance (and it was understood between the parties that such assistance would be forthcoming), the withholding of such assistance with the intent to detain plaintiff will make defendant liable. In short, the courts impose an affirmative duty on the defendant to take steps to release the plaintiff. If defendant intentionally breaches this duty, this is sufficient for alse imprisonment. But, of course, it must first be established that defendant owes a duty. For example: If a jailor refused to release a prisoner at the end of his jail sentence. Jailor may be liable for false imprisonment.

If you feel that you have experienced or are experiencing any of the actions listed above please call a Tennessee attorney. Attorneys at Baker Associates are equipped with seasoned attorneys that are able to help with a wide variety of legal issues including false imprisonment.