False imprisonment or false arrest is the unlawful restraint of a person against his or her will. The elements of false imprisonment include:
- The defendant's action was intentional
- The defendant caused the restraint
- The restraint was complete
- The restraint was against the plaintiff's will
Statute of Limitations
Generally, an action for false imprisonment must be brought within four years after the cause of action accrues. An action for false imprisonment accrues when the restraint is terminated, and the limitations period is not tolled while the legality of the restraint is litigated in other collateral proceedings. Actions against government employers must be brought within three years.