C. Elements Defined
1. Restraint
a. Words or acts
Restraint constituting a false imprisonment may be by "words alone or acts alone, or by both, and may operate merely on the will of the individual, or by personal violence, or by both."5 It is not necessary that the individual be confined within a prison, or within walls, or that he be assaulted, or even touched.6 The tort is not limited to instances of actual physical interference with liberty.7 It is not necessary that there should be any injury done to the individual's person, or to his character, or reputation.8 Nor is it necessary that the wrongful act be committed with malice, ill-will, or even with the slightest wrongful intention.9
When private persons induce a law enforcement officer to unlawfully arrest another, they are liable for false imprisonment, but they are not required to conduct an investigation into the offense committed to verify the information they provide.10 On the other hand, an individual who acts in bad faith or knowingly reports incorrect information to law enforcement can be held liable for false imprisonment as there is a difference between one who, in good faith, reports mistaken or inaccurate information and one who purposely provides law enforcement with knowingly false information.11
b. Use of force
A use of force is not necessary in a claim for false imprisonment.12 Any genuine restraint constitutes an actionable imprisonment, "although effected without actual contact with the person."13 In fact, force may even be used in an authorized restraint so long as it is reasonable.14
c. Awareness of restraint
Whether or not consciousness or awareness of the restraint is a requirement for a successful claim of false imprisonment has yet to be debated in South Carolina.
2. Intentional Restraint
The requirement of intent necessary to establish a claim of false imprisonment is the intent to cause a confinement.15 South Carolina courts do not appear to have addressed this issue directly.16
3. Unlawful Restraint
An action for false imprisonment cannot be maintained where one is arrested by lawful authority.17 The fundamental issue in determining the lawfulness of an arrest is whether there was "probable cause." If the plaintiff fails to show a lack of probable cause for the arrest, the action cannot be maintained.18 Arrest pursuant to facially valid warrant precludes the claim.19 If the arresting officers possess a good faith belief that a person is the individual who has committed the crime alleged in the arrest warrant affidavit, there can be no false imprisonment even though they arrest the wrong person.20 The defendant may rely on an uncharged offense to establish probable cause.21
The authority necessary to constitute a lawful detention need not be express, such as when special circumstances are present which may justify an otherwise unreasonable detention.22
One confined pursuant to an authorized mental health commitment proceeding may not recover for false imprisonment, even...
