Massachusetts False Imprisonment and False Arrest Appeals
As a general rule, restraint on the personal liberty of another constitute false imprisonment. There is no requirement that the restraint be effected by force, violence, or by personal contact. It is sufficient that physical power caused the person to believe they must submit to the authority and control.
False imprisonment by arrest or false arrest may occur due to the actions of a police or peace officer or a private individual (citizen arrest). False imprisonment can occur through indirect action, for example where a store manager goes beyond reporting the facts and instructs a police officer to perform an arrest. The defense is to show that the arrest was a legal or valid arrest.
The Importance of a False Imprisonment or False Arrest Appeal
False imprisonment and false arrest cases seek damages for bodily suffering and the emotional injury. These damages can be quite sizable; there is a great deal at stake. Courts make mistakes. That is why there is an appellate court.