False Imprisonment – your right not to be held against your will in a mental health facility
Your constitutional rights include the rights to life, liberty and the pursuit of happiness. Your right to liberty and to personal self determination is at the center of your rights as a natural person protected and guaranteed by the United States Constitution.
False Imprisonment is the denial of your right to liberty. False Imprisonment laws exist in all states to protect individuals from being confined without their consent.
The elements of the cause of action for False Imprisonment are:
- Willful detention without the person’s consent
- Unlawful meaning that there is no lawful justification for the detention
- Physical violence or threats of violence are not required.
Your right to liberty and the reciprocal right to be free from false imprisonment is not limited to a criminal setting but may be applicable to any situation in which you are not free to leave. It is the violation of your right to liberty which may form the basis of a cause of action not the identity of the person or persons holding you against your will.