False Imprisonment Without Legal Justification

903 Words Sep 12th, 2015 4 Pages
I. Can Steven Bender demonstrate that Stan and Linda Kremer (“Kremers”) are liable for false imprisonment when they sent him to the downstairs basement with no access to phone service and would not allow his friends to come on to their property?

False imprisonment occurs when there is confinement without legal justification. The elements of false imprisonment are the restraint of the plaintiff against his or her will and the unlawfulness of the restraint. When looking at restraint against his/her will the courts will look at whether the restraint was a total restraint of liberty with no opportunity to leave. Walker v. Hanke, 992 S.W.2d 925, 935 (Mo. Ct. App. 1999). This analysis will focus on whether Bender was restrained against his will.
A. Was Steven Bender restrained against his will when the Kremers ordered him to go downstairs to the room he stayed in at their house without the opportunity to call his friends or have the friends come over to help him move out?

Courts hold that restraint occurs with the total restraint of liberty and no opportunity to leave. Id. In Walker, the court held that there was no confinement because there was no total restraint of the plaintiff’s liberty. Id. at 936. The court found that the Hankes had built a fence around their yard at Mr. Walker 's request. Id. at 935. After the parties had a falling out about some settlement money, the Hankes placed chains and a lock on the fence to keep Walker’s lawyer out. Id. When Walker let the…
Open Document