ABA Family Legal Guide

Personal Injury

Intentional Wrongs

A security guard in a store suspected me of shoplifting and detained me. I have heard about something called false imprisonment. Do I have an action for that?

If the security guard was acting in good faith, most courts will allow the guard to detain you briefly on the store premises. A number of states by law have given shopkeepers a limited privilege to stop suspected shoplifters for a reasonable amount of time to investigate. Nonetheless, you may be able to recover damages for false imprisonment. Suppose the security guard genuinely restrained you against your will, intending to confine you. Damages for such an action generally include compensation for loss of time and any inconvenience, physical discomfort, or injuries. If the guard acted maliciously, you also may be able to receive punitive damages.