False Arrest vs. False Imprisonment
False arrest is an unlawful detention carried out under a claim of legal authority, such as an arrest without probable cause, while false imprisonment is the broader tort of any unlawful confinement, regardless of whether legal authority was claimed.
False arrest is generally treated as a specific type of false imprisonment: it occurs when a person is taken into custody by someone purporting to act under legal authority — typically a law enforcement officer — without probable cause or a valid warrant. False imprisonment is the broader category, covering any unlawful restraint of a person's freedom of movement, whether by a government actor or a private party, and whether or not legal authority was invoked.
The two claims often overlap and are pled together, but they can diverge: a private security guard who detains a shoplifting suspect without any claim of official legal authority may face a false imprisonment claim without triggering the false-arrest label specifically tied to color-of-law action, which matters for whether a constitutional civil rights claim is also available.
A Juricratic simulation distinguishes these as related but non-identical claim tracks, since a false-arrest theory can carry a Section 1983 constitutional dimension when a government actor is involved, while a false-imprisonment theory against a private party proceeds purely as a state common-law claim.
How it actually shows up
Plaintiff's counsel selects the theory — or both — that matches who detained the client and under what claimed authority, since the choice affects whether a federal civil rights claim is available in addition to any state tort claim.
- Is false arrest always committed by a government actor?
- Typically yes, since it involves someone purporting to act under legal authority, most often law enforcement.
- Can a private party be liable for false imprisonment?
- Yes; false imprisonment is broader and can apply to private parties who unlawfully confine someone.
- Are these two claims mutually exclusive?
- No; they are often pled together, with false arrest treated as a specific category within the broader false imprisonment tort.
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