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In Nevada, the elements for a claim of false imprisonment are:

  1. Defendant acts with the intention to confine another person within boundaries that are fixed by the defendant;
  2. The act is against the will of the plaintiff in such a manner as to violate the plaintiff’s right to be free from restraint of movement;
  3. Defendant is conscious of the confinement or is harmed by the confinement; and
  4. Causation and damages.

Jordan v. State ex rel. Dept. of Motor Vehicles and Public Safety, 121 Nev. 44, 110 P.3d 30 (Nev. 2005) abrogated on other grounds by Buzz Stew, LLC v. City of North Las Vegas, 181 P.3d 670 (Nev. 2008)(quoting Hernandez v. City of Reno, 97 Nev. at 433, 634 P.2d at 671 )Nev. 2005); abrogated on other grounds by Buzz Stew, LLC v. City of North Las Vegas, 181 P.3d 670 (Nev. 2008)).  Nelson v. City of Las Vegas, 99 Nev. 548, 665 P.2d 1141 (Nev. 1983); County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661 (1991).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.