What are False Arrest and False Imprisonment Under Maryland Law?
A tort is a civil legal wrong. [We’ve discussed in other chapters that an act of negligence-e.g. the act that causes that car accident- is a tort, or a tortious act, The law recognizes other tortious intentional acts: Attorney Eric T. Kirk will tell you.
- Civil assault.
- Civil battery.
- False imprisonment, and the related action of false arrest.
False imprisonment occurs when one’s freedom of movement is restrained against their will. One falsely imprisoned may recover damages. Seasoned personal injury lawyers in Baltimore know that the existence of “probable cause” to detain another is an often stated defense to a charge of false imprisonment. Proving that a law enforcement officer, security guard or other individuals in a real or purported position of authority was acting without probable cause to detain or arrest can be an arduous challenge. Where the local, state of the federal government or involved, additional protection -the State and Federal constitution, may be impacted, but there are additional hurdles and roadblocks to recovery.