False Arrest / Imprisonment

False arrest and/or imprisonment is a claim consisting of the unlawful detention of the person of another, for any length of time, whereby that person is deprived of their physical liberty. False imprisonment/arrest claims can take many forms.

Typically, however, false arrest and imprisonment cases involve customers or patrons of local merchants or retailers who have been confronted with accusations of shoplifting. Unfortunately, businesses and corporations wrongfully and unreasonably accuse, detain, and effect the arrest and/or imprisonment of innocent persons every day. While we atPhilips Branch & Hodges understand that businesses and corporations have a right to protect and safeguard against their merchandise and goods being stolen or otherwise misappropriated, our attorneys strongly believe in holding these same entities accountable when they get it wrong and harass, detain, and imprison innocent people.

Each of these “shoplifting” cases is unique. In some cases a local retailer or merchant will inappropriately or wrongfully stop a customer and accuse them of shoplifting. In other cases, the retailer or merchant will take additional steps and wrongfully forbid a customer from returning to the merchant’s premises. Sometimes a retailer or merchant will even go a step further and wrongfully effect the arrest and criminal prosecution of innocent persons. No matter the facts of your case, if you have been wrongfully detained, arrested, or imprisoned for any period of time, you may be entitled to compensation.

Though rarer, potential false imprisonment claims can also arise when persons are involuntarily detained under Georgia law dealing with hospitalization and treatment procedures for alcoholics or the mentally ill. While, under certain circumstances, a person may be involuntarily institutionalized pursuant to physician certification, these occasions are narrowly limited and governed by Georgia statutory law. The statutorily mandated criteria for involuntary institutionalization must be strictly followed by physicians and institutions. Even if a physician or institution follows all the statutorily mandated procedures, a claim for medical malpractice may still lie.

Philips Branch & Hodges has extensive experience and success with false arrest or imprisonment claims. Our firm has obtained record setting verdicts in this area and secured numerous six figure settlements for our clients. If you or someone you know has been wrongfully detained, arrested, or imprisoned call Philips Branch & Hodges today for your free consultation.