“[T]he tort of false arrest differs from the tort of false imprisonment only in terminology.” (See Hunt v. State (2013) 69 A.3d 360, 368.)
“Under Delaware law, false imprisonment or false arrest is defined as the deprivation of the liberty of another without his consent, and without his legal justification.” (See Smith v. Del. State Police, C.A. No: 12C-01-016 (RBY), at *8-9 (Del. Super. Ct. July 8, 2014).)
“Legal justification is held to be the equivalent of legal authority and judged by the principles applicable to the law of arrest.” (See Hunt v. State (2013) 69 A.3d 360, 368.)
“[T]ort actions for invasion of privacy or false imprisonment exist to address when an actor's conduct constitutes a wrongful search or detention. These torts may also encompass someone's improper assumption of police authority when he or she takes the wrongful action. Likewise, a private party or a non-police governmental actor that improperly detains a person or wrongfully searches their property may also be criminally liable for unlawful imprisonment or criminal trespass.” (See id.)
“The elements of a claim for false imprisonment are:
(See Hunt v. State (2013) 69 A.3d 360, 368.)
“The restraint may be accomplished by physical force, by threats of force or intimidation or by assertion of legal authority.” (See id; Harrison v. Figueroa, 1985 WL 552279, at *2 (Del.Super.).)
It is well settled that “‘Restrain’ means to restrict another person's movements intentionally in such a manner as to interfere substantially with his [or her] liberty by moving him [or her] from 1 place to another, or by confining him [or her] either in the place where the restriction commences or in a place to which he has been moved, without consent.” (See Kornegay v. State (1991) 596 A.2d 481, 485.)
It is also well settled that “a person is confined without consent when the movement or confinement is accomplished by physical force, intimidation or deception or by any other means including acquiescence of the victim.” (See Scott v. State (1987) 521 A.2d 235, 243.)
22 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COREY R. ROBINSON, individually and ) as guardian Ad Litem for N.M., ) ) Plaintiff, ) ) C.A. No. N20C-12-103 EMD
New Castle County, DE
Sep 21, 2022
PERSONAL INJURY
6 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE WILLIAM J. WEBB JR., ) ) Plaintiff, ) C.A. N20C-02-230 MAA ) v. )
New Castle County, DE
Jan 10, 2022
CIVIL MISCELLANEOUS (OTHER)
6 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE EMIE I. DUYGUN, ) Plaintiff, ) ) v. ) C.A. No. N19C-04-261 ALR
New Castle County, DE
Aug 01, 2019
CIVIL MISCELLANEOUS (OTHER)
30 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STACIA VICK and CHADWICK VICK, C.A. No. K17C-09-007 NEP Plaintiffs, In and For Kent County Vv DR. NASREEN KHAN, KHAN OBSTETRICS AND GYNECOLOGY ASSOCIATES, P.A., BAYHEALTH INC., BAYHEALTH MEDICAL CENTER, and KENT GENERAL HOSPITAL, Defendants. Submitted: March 15, 2019 Deci
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May 17, 2019
MEDICAL MALPRACTICE
4 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STACIA VICK, CHADWICK VICK Plaintiffs, C.A. No. K17C-09-007 NEP Vv. In and For Kent County DR. NASREEN KHAN, KHAN AND ASSOCIATES PA, BAYHEALTH INC., BAYHEALTH MEDICAL CENTER, and KENT GENERAL HOSPITAL. Defendants. Submitted: June 14, 2018
Kent County, DE
Aug 22, 2018
MEDICAL MALPRACTICE
29 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE JERMAINE DOLLARD and KEISHA ) DOLLARD, ) ) Plaintiffs, ) ) v.
New Castle County, DE
Apr 16, 2018
CIVIL MISCELLANEOUS (OTHER)
20 pages
SUPERIOR COURT OF THE STATE OF DELAWARE E. SCOTT BRADLEY 1 The Circle, Suite 2 JUDGE GEORGETOWN, DE
Sussex County, DE
Sep 28, 2016
CIVIL MISCELLANEOUS (OTHER)
E. SCOTT BRADLEY FIL
15 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY GABRIEL MOJICA, C.A. No. K15C-05-006 WLW Plaintiff, Vv. THE SMYRNA SCHOOL DISTRICT, THE SMYRNA BOARD OF EDUCATION, SMYRNA HIGH SCHOOL, STACY C. COOK, in her individual and official capacities; : JENNIFER J. SUAREZ, in her individual and official capacities and MARTIN SU
Kent County, DE
Dec 17, 2015
PERSONAL INJURY
8 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ROLAND AYRES, Appellant/Plaintiff- Below, Vv C. A. No. N13A-12-001 FSS TROOPER YELDELL, Individually and as Agent for the DELAWARE STATE POLICE and the STATE OF DELAWARE, Appellees/Defendants-Below. ) Submitted: November 18, 2014 Decided: February 27, 2015
New Castle County, DE
Feb 27, 2015
COURT OF COMMON PLEAS
15 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY JANE D. W. DOE, ) ) Plaintiff, ) ) v
New Castle County, DE
Jul 29, 2014
PERSONAL INJURY
12 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Jane D.W. DOE, ) ) Plaintiff, ) ) v.
New Castle County, DE
May 07, 2012
PERSONAL INJURY
18 pages
COURT OF CHANCERY OF THE STATE OF DELAWARE DONALD F. PARSONS, JR. New Castle County CourtHouse VICE CHANCELLOR 500 N. King Street, Suite 11
Court Of Chancery, DE
Apr 27, 2009
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