California, United States of America
The following excerpt is from Easton v. Sutter Coast Hospital, 80 Cal.App.4th 485, 95 Cal.Rptr.2d 316 (Cal. App. 2000):
The elements of a tortious claim of false imprisonment are: (1) the nonconsensual, intentional confinement of a person, (2) without lawful privilege, and (3) for an appreciable period of time, however brief. (City of Newport Beach v. Sasse (1970) 9 Cal.App.3d 803, 810.) Plaintiffs alleged that Winchester, who was apparently unable to speak, shook her head to indicate "no" when asked if she wanted to go to the hospital. We assume, as we must on demurrer, that Winchester was competent to decline to be admitted to the hospital.
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