M Civ JI 116.21 False Imprisonment - Burden of Proof

Plaintiff has the burden of proving:

(a) that [ he / she ] was imprisoned; that is, [ he / she ] was restrained, detained or confined by defendant and thereby deprived of [ his / her ] personal liberty or freedom of movement

(b) that such imprisonment was against [ his / her ] will

(c) that defendant accomplished the imprisonment by actual physical force or by an express or implied threat of force

(d) that defendant intended to deprive plaintiff of [ his / her ] personal liberty or freedom of movement

(e) that such imprisonment was unlawful

Your verdict will be for plaintiff if the plaintiff has proved all of those elements (and the defendant has failed to prove the defense of [ describe defense ]). Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 116.21 was added September 1982. Amended January 2020.