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A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. [2] Under common law, false imprisonment is both a crime and a tort.
Wrongful detention is the detention of an individual where there is no likelihood or evidence that they have committed a crime against a legal statute, or in which there has been no proper due process of law. [1] [2] A person does not need to be arrested in order to be wrongfully detained.
It became necessary to invent a new writ which covered the gap between action in trespass which lay for the wrongful taking of a chattel, and detinue which lay for its wrongful detention. [9] [10] [25] The claim in conversion had become standardized by 1554 in the case of Lord Mounteagle v Countess of Worcester (1554) 2 Dyer 121a, 73 ER 265 ...
Wrongful detention occurs when a person or state intentionally restricts another person's movement within any area with legal authority but without justification or due process of law. [11] A person who is wrongfully detained is confined to a specific place, but may not necessarily be imprisoned. Wrongful detentions can include travel bans or ...
In the United States, detinue is a possessory action having for its object the recovery of specific personal property and damages for its detention. [57] At common law an action of detinue would lie for the recovery of specific personal property unlawfully detained, or its value, and for damages for its detention. [ 58 ]
However, the officer erroneously believed the knife to be a weapon. Sorrell was released immediately after booking and was never prosecuted as there was technically no crime, and sued the police officer for false arrest. The officer's qualified immunity was denied by the court, and this decision was upheld in the US Court of Appeals. [9]
Criminal conversion is a crime, limited to parts of common law systems outside England and Wales, of exerting unauthorized use or control of someone else's property, at a minimum personal property, but in some jurisdictions also applying to types of real property, such as land (to squatting or holding over) or to patents, design rights and trademarks.
Detinue – An action for the wrongful detention of goods, initiated by an individual who claims to have a greater right to their immediate possession than the current possessor or holder. Replevin – Signifies the recovery by a person of goods unlawfully taken out of his or her possession by a legal process.