In this video, project Reporters Ken Simons and Jonathan Cardi discuss what makes a confinement an intentional tort, including confinement by assertion of legal authority. Included below the video is the corresponding Black Letter and Comment from the 2018 Annual Meeting draft.

§ 8. False Imprisonment: What Constitutes a Confinement

An actor confines another within the meaning of § 7(b) if:

(a) the actor employs physical barriers that preclude, or appear to preclude, the other from exiting the area of confinement, and the other is unaware of a readily available and safe means of exit;

(b) the actor employs physical force or restraint, or the actor makes an express or implied threat of immediate physical force or restraint, and the other submits to the force, restraint, or threat rather than exiting the area of confinement;

(c) the actor causes duress, other than by a threat of force or of restraint, and the other submits to the duress rather than exiting the area of confinement; or

(d) the other submits to the actor’s assertion of legal authority, as provided in § 9.9. False Imprisonment: Confinement by Assertion of Legal Authority

§ 9. False Imprisonment: Confinement by Assertion of Legal Authority

An actor confines another within the meaning of § 8(d) if:

(a) the actor asserts the legal authority to take the other into custody or to otherwise confine the other; and

(b) the other submits to such confinement because the other believes either that he or she has a duty to comply with the assertion of authority or that he or she might face adverse legal or physical consequences for failure to comply.

W. Jonathan Cardi

Associate Reporter, Restatement of the Law Third, Torts: Intentional Torts to Persons

Jonathan Cardi  is a professor at Wake Forrest University School of Law. Professor Cardi specializes in tort law, the law of remedies, and the intersection of race and the law. He is co-author of a torts casebook, a remedies casebook, two commercial outlines, and is co-editor of a book entitled Critical Race Realism. He has served as President of the Southeastern Association of Law Schools and Chair of the Remedies Section of the AALS.

Kenneth W. Simons

Reporter, Restatement of the Law Third, Torts: Intentional Torts to Persons

Kenneth W. Simons is a leading scholar of tort law, criminal law, and law and philosophy. He has published influential scholarship concerning assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has published influential scholarship concerning assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. Professor Simons was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit.

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