subject: The South Carolina Law of False Imprisonment [print this page] Under South Carolina law victims of an unlawful false imprisonment have a right to pursue damages in a civil lawsuit. This articleprovides an introduction into the law of false imprisonment, specifically as it applies to non-governmental bodies. False imprisonment is the intentional and unlawful restraining or detention upon the body of another.
Examples of scenarios which could give rise to a false imprisonment claim are:
1) A shopper in a retail store is approached by store security and ordered to follow them to the security office. Once inside the office they are questioned for several minutes regarding a false suspicion that they are involved in a theft.
2) A child is accused by a property owner of causing damage to their land. The property owner, without consent or notification of the parents, makes the child spend several hours on their property cleaning up the damage.
3) A nightclub operator locks the door to the establishment preventing anyone inside from leaving while he attempts to sell drink specials and promotional items to his "captive audience."
A claim for false imprisonment is a civil claim where the relief sought is an award of monetary damages. A legal action for this type of claim would begin with the filing of a lawsuit in either a South Carolina Magistrate's Court or Court of Common Pleas.
The foundation of a false imprisonment claim is the restraint of the plaintiff by the defendant. This can be accomplished by physical confinement, physical force or by verbal intimidation. There is no requirement that the plaintiff actually be touched or harmed in anyway. There is no requirement that the defendant be negligent, or intend to unlawfully detain someone. Even if the defendant is acting in good faith if it is determined later than the detention was unlawful they can be responsible for the false imprisonment claim.
If a Court finds that a plaintiff was the victim of a false imprisonment they can award a verdict of both actual and punitive damages. Examples of actual damages may include pain and suffering, emotional distress, lost wages, or medical bills. Punitive damages are damages over and above the actual damages that are intended to punish the defendant and deter others from similar misconduct.
