407.4  INTENTIONAL RESTRAINT

“Intentional restraint” means that [(defendant) restrained (claimant) with the purpose of causing the restraint] [(defendant) acted with knowledge that the (claimant’s) restraint would, to a substantial certainty, result from (defendant’s) acts].

To be restrained means that (claimant) was held against [his] [her] will and did not consent to the restraint. In other words, a person is restrained when [he] [she] [is not free] [does not reasonably believe [he] [she] is free], to leave the place to which [he] [she] had been confined. [To be restrained, a person must be aware of the restraint.]* However, a person is not “restrained” when there is a reasonable means of escape, which is apparent or known to the person.

A restraint is without “lawful authority” if (defendant) did not act under color of or claim of lawful authority.

[A person who makes a mistake in reporting or identifying another person to law enforcement officers is not liable for causing the other person to be restrained, if the person making the mistaken report or identification acts in good faith and does not instigate, persuade, or request the officers to restrain the other person.]**

NOTES ON USE FOR 407.4

1.	*Consciousness of restraint. The bracketed language should be given if there is an issue whether plaintiff was aware of the restraint. Restatement (2d) of Torts §42.

2.	**The bracketed language should be given if there is a factual issue of whether defendant’s report to the police was an actionable cause of claimant’s restraint. Pokorny v. First Federal Savings & Loan Ass’n, 382 So.2d 678 (Fla. 1980). 

3.	Claimant is restrained if claimant reasonably believes he or she is, though claimant may in fact be free to leave. See Restatement §§41, 42. See Gatto v. Publix Supermarkets, Inc., 387 So.2d 377, 379–80 (Fla. 3d DCA 1980). Though claimant’s belief that claimant is completely restrained is unreasonable, restraint may nevertheless occur if claimant is peculiarly susceptible and defendant acts to exploit that susceptibility. See, by analogy, Restatement §27.