Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of False Imprisonment Definition and the related topic of intentional torts. False imprisonment definition is the restraint one’s liberty without just cause. For more information about false imprisonment see the pages on Wikipedia.

False Imprisonment Definition-Cases

2011 Lewis v. Kei, 281 Va. 715, 708 S.E.2d 884
Police officer obtained a warrant for arrest of plaintiff for attempted abduction of a 10-year-old child based upon citizen’s complaint which ultimately proved to be unfounded. Based on those facts, the officer had probable cause to seek the arrest warrant and therefore demurrer to malicious prosecution claim was properly granted. Likewise, the finding of probable cause defeats the claim for false imprisonment. The police officer, however, did make several false statements about the plaintiff relating to the facts of the matter thereby accusing him of the commission of a criminal offense constituting defamation per se.

1970 Yeatts v. Minton, 211 Va. 402, 177 S.E.2d 646.
Defendant was game warden who took plaintiff into custody for jacklighting deer. Arrest here was lawful and therefore no basis for false arrest action

1966 Zayre, Inc. v. Gowdy, 207 Va. 47, 147 S.E.2d 710.
If person is under reasonable apprehension that force will be used unless he willingly submits and he does submit to extent he is denied freedom of action, this constitutes false imprisonment.

1949 Mullins v. Sanders, 189 Va. 624, 54 S.E.2d 116.
Plaintiff was arrested based on information and out-of-state warrant provided by defendant. Held: for defendant. Arrest was proper under circumstances despite delay in bringing plaintiff before judicial officer as required by statute. It is duty of arresting officer to take person before magistrate with reasonable diligence. Action may be predicated on unreasonable delay.

1948 Montgomery Ward & Co. v. Wickline, 188 Va. 485, 50 S.E.2d 387.
False imprisonment is restraint of one’s liberty without any sufficient legal excuse therefor by words or acts which he fears to disregard.