False imprisonment in Alabama is both a crime and a civil wrong. The state prosecutes the conduct as “unlawful imprisonment” and divides it into two degrees, both misdemeanors. Separately, anyone whose freedom of movement was restricted without consent can sue the person responsible for money damages, and Alabama gives victims six years to file.
What Counts as Restraint
Alabama Code 13A-6-40 defines “restrain” as intentionally or knowingly restricting another person’s movements unlawfully and without consent, in a way that substantially interferes with their liberty. That can mean moving someone from one place to another or confining them where the restriction began.1Alabama Attorney General. Criminal Laws of Alabama
Restraint is “without consent” when it happens through physical force, intimidation, or deception. It is automatically without consent if the person being held is a child under 16 or someone legally incompetent, unless that person’s parent, guardian, or custodian agreed to it.1Alabama Attorney General. Criminal Laws of Alabama
Physical barriers are not the only thing that counts. Someone who stays put because they were threatened with violence is treated as restrained just the same. A person with a reasonable and safe way to leave generally is not confined, but if escape would risk physical harm, or if someone threatened violence against the person or their family, the area is still bounded even when a door was technically unlocked.
Criminal Penalties
Neither degree of unlawful imprisonment is a felony in Alabama. The labels can be misleading, so look at the actual sentences.
First Degree
Unlawful imprisonment in the first degree happens when the restraint exposes the victim to a risk of serious physical injury. Examples include locking someone in a dangerously hot vehicle or confining them in hazardous conditions.2Alabama Legislature. Alabama Code 13A-6-41 – Unlawful Imprisonment in the First Degree
Despite the “first degree” name, this is a Class A misdemeanor. The maximum sentence is one year in county jail and a $6,000 fine.3Justia Law. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations1Alabama Attorney General. Criminal Laws of Alabama
Second Degree
Unlawful imprisonment in the second degree is simply restraining another person. No aggravating factor is required. One exception is written into the statute: it is not a crime under this section if the person restrained is a child under 18, the person restraining them is a relative, and the sole purpose is to assume lawful control of the child.4Alabama Legislature. Alabama Code 13A-6-42 – Unlawful Imprisonment in the Second Degree
Second degree is a Class C misdemeanor with a maximum fine of $500.1Alabama Attorney General. Criminal Laws of Alabama
Suing for Damages in Civil Court
Alabama Code 6-5-170 creates a separate civil cause of action for false imprisonment, defined as the unlawful detention of a person for any length of time that deprives them of personal liberty.5Alabama Legislature. Alabama Code 6-5-170 – Definition
The civil track is separate from the criminal one. Prosecutors bring criminal charges; you file the civil case yourself, and the goal is money rather than jail time. The two can run at the same time, and you do not need a conviction before suing. If a prosecutor never files charges, you can still pursue a civil case.
To win, you generally need to show the defendant intentionally restrained your freedom of movement, that it was without your consent, and that no legal justification existed. The restraint must be total, meaning you had no reasonable safe route to leave. Having one direction blocked is not enough.
Damages You Can Recover
Compensatory damages cover the actual harm you suffered: medical bills from injuries sustained during the detention, lost wages, and emotional distress such as anxiety, humiliation, or fear. Alabama courts can award damages for emotional impact even when there was no physical injury.
Punitive damages may be available when the defendant’s conduct was especially egregious or malicious. Alabama caps them at three times the compensatory award or $500,000, whichever is greater, with limited exceptions. Nominal damages, a small symbolic amount, are possible when you can prove the detention occurred but cannot show measurable harm.
Six-Year Deadline
Alabama gives you six years to file a civil false imprisonment lawsuit. The statute groups it with other trespasses to a person’s liberty under Alabama Code 6-2-34, and the clock starts on the date the detention occurs.6Alabama Legislature. Alabama Code 6-2-34 – Commencement of Actions
Six years is longer than most states allow. Even so, waiting weakens a case in practice. Witnesses forget, surveillance footage gets overwritten, and evidence deteriorates. Filing sooner is almost always better.
When Detention Is Legal
Not every detention gives rise to a claim. Alabama recognizes several situations where holding someone does not create criminal or civil liability.
Shopkeeper’s Privilege
Under Alabama Code 15-10-14, a merchant or store employee with probable cause to believe goods have been stolen may detain the suspected shoplifter in a reasonable manner for a reasonable length of time to attempt to recover the merchandise. A detention meeting these requirements does not create liability.7Alabama Legislature. Alabama Code 15-10-14 – Detention and Arrest of Person
The limits are real, and this is where many retail detention situations cross the line. Probable cause means more than a hunch. Reasonable manner excludes physical violence or public humiliation. Reasonable length of time does not mean holding someone for hours. Store employees who exceed these boundaries lose the statutory protection.
Lawful Arrest
Law enforcement officers acting on a valid warrant or with probable cause are authorized to detain a person. A private citizen can also make a warrantless arrest in limited circumstances, such as having reasonable information that the person is charged with a felony in another state.8Alabama Legislature. Alabama Code 15-9-41 – Arrest Without Warrant
Consent and Parental Authority
Consent is a complete defense when it is real. Consent obtained through deception or intimidation does not count. Parents and guardians have a recognized right to restrict the movement of minor children for legitimate disciplinary or safety reasons, and the second-degree statute specifically carves out relatives whose sole purpose is assuming lawful control of a child under 18.4Alabama Legislature. Alabama Code 13A-6-42 – Unlawful Imprisonment in the Second Degree
If Police Were Involved
When police officers or other government agents are responsible, a separate federal claim may be available under 42 U.S.C. Section 1983. That statute lets anyone deprived of a constitutional right by someone acting under government authority sue for damages.9Office of the Law Revision Counsel. 42 USC 1983 – Civil Action for Deprivation of Rights
False arrest by a police officer implicates the Fourth Amendment’s protection against unreasonable seizures. To prevail, you generally need to show the officer lacked probable cause for the arrest or that the scope and length of the detention was unreasonable.
The major obstacle is qualified immunity, a doctrine that shields government officials from personal liability unless their actions violated a clearly established constitutional right. In practice, you need to identify existing case law showing that similar conduct was already found unconstitutional. Courts apply this strictly, and it defeats many otherwise legitimate claims. A Section 1983 case against an officer is significantly harder to win than a state-law claim against a private citizen or business, and consulting an attorney experienced in civil rights litigation matters especially here.
Evidence That Strengthens a Case
Strong evidence is what separates cases that settle or win from cases that go nowhere. If you were unlawfully detained, start gathering documentation right away.
- Request surveillance footage from the business or location before it gets overwritten. Many systems record on a loop and erase within days or weeks.
- Collect names and contact details for anyone who saw the incident. Witness testimony about how long you were held and how the other person behaved can be decisive.
- Write down the sequence of events while your memory is fresh, including specific times, what was said, who was present, and how the restraint began and ended.
- Keep medical records if you sought treatment for injuries or emotional distress. These connect the detention to compensable harm.
Accuracy matters more than volume. A short, specific timeline with one corroborating witness is worth more than a vague narrative without supporting evidence.