Your rights and shippers and receivers
Discussion in 'Shippers & Receivers - Good or Bad' started by Clinton1978, Oct 15, 2018.
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I would suggest you having this thread removed because there is information about your husband on that police report that shouldn’t be made public.Oldironfan Thanks this. -
False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed if they try to leave, they are being held against their will. The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. Even the police may be charged with false imprisonment if they exceed their authority (such as detaining someone without justification).
In fact, any person who intentionally restricts another's freedom of movement without their consent may be liable for false imprisonment, which is both a crime and a civil wrong just like other offenses including assault and battery. It can occur in a room, on the streets, or even in a moving vehicle.
Similarly, "false arrest" is when someone arrests another individual without the legal authority to do so, which becomes false imprisonment the moment he or she is taken into custody.
Elements of a False Imprisonment Claim
All states have false imprisonment laws to protect against unlawful confinement. To prove a false imprisonment claim in a civil lawsuit, the following elements must be present:
- There was a willful detention;
- The detention was without consent; and
- The detention was unlawful.
TokyoJoe Thanks this. -
Oldironfan and JonJon78 Thank this.
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Oldironfan Thanks this.
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I was transported to the hospital.
Clinton1978, Oldironfan and JonJon78 Thank this. -
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Sounds like a big mess... I imagine you guys are from out of state that's going to be a hassle having to get to Mississippi for court hearings...
Best of luck. I deleted the police report
that you guys posted, like someone else said it would be wise for you to do the same as it contains private information you dont want floating on the internet.Clinton1978 and bryan21384 Thank this. -
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buddyd157 and Blackshack46 Thank this.
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