False Imprisonment Discussion

False imprisonment is an intentional tort that happens when you’re detained against your will. False imprisonment can be both a crime and a “tort,” meaning a wrongful civil (non-criminal) act that causes harm. It happens when someone intentionally restricts your freedom of movement without your consent.

RE: False Imprisonment Question

When you stated: “There was a safe and inoffensive means of leaving the nursing home that Paula initially did not take”, to what are you referring? It seems to me the scenario describes Paula not having a way to leave until spring. What am I missing?

Juliet, Good Question ☺

My reasoning was based on the fact that there was no mention of the mother being forcefully taken to the nursing home. So, without force, I reasoned that a conversation took place between her and her children where she agreed to go (even though she may have been reluctant).

If this happened, this would have been her first opportunity to adamantly refuse to go. Now, my entire assertion is based on communication rather than force.  If there was no force used, then during the ride to the nursing home, the mother would have had ample opportunities to demand that she be returned to her home.

Now, even if the children refused to turn around and take her home, at that point she is confined. Upon arrival at the nursing home, the issue would then be extended to involve the nursing home. Without a writ, it seems as if the nursing home would incur liability if the mother refused to stay at the home and the nursing home decided to keep her against her will. With a third party now involved, the mother would have had yet another and possibly the best opportunity to demand that she go back to her home.

The mother could have also called a taxi the same day she arrived at the nursing home to take her home. 

Even though snow and ice continually covered the ground, it is reasonable to opine that the roads are clear enough for a vehicle to drive on (Just as they were on the day she arrived). I know that emergency vehicles often have to visit these types of homes.

Lastly, if all else failed, the mother could have called the police.

Tell me what you think…