The Elements for a Claim of False Imprisonment

In Nevada, the elements for a claim of false imprisonment are:

  1. Defendant acts with the intention to confine another person within boundaries that are fixed by the defendant;
  2. The act is against the will of the plaintiff in such a manner as to violate the plaintiff’s right to be free from restraint of movement;
  3. Defendant is conscious of the confinement or is harmed by the confinement; and
  4. Causation and damages.

Jordan v. State ex rel. Dept. of Motor Vehicles and Public Safety, 121 Nev. 44, 110 P.3d 30 (Nev. 2005) abrogated on other grounds by Buzz Stew, LLC v. City of North Las Vegas, 181 P.3d 670 (Nev. 2008)(quoting Hernandez v. City of Reno, 97 Nev. at 433, 634 P.2d at 671 )Nev. 2005); abrogated on other grounds by Buzz Stew, LLC v. City of North Las Vegas, 181 P.3d 670 (Nev. 2008)).  Nelson v. City of Las Vegas, 99 Nev. 548, 665 P.2d 1141 (Nev. 1983); County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661 (1991).

See elements for other claims at the Nevada Law Library

Categories

By NLB

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by NLB. Please see https://nevadalaw.info/disclaimer

Leave a comment