What happens if a defendant fails to release a plaintiff from confinement?

When a defendant fails to release a plaintiff from confinement, the confinement is deemed improper. This principle is rooted in the concept of unlawful confinement or false imprisonment, which requires both the initial act of confinement and the failure to allow for a timely release.

In such instances, the law recognizes that the plaintiff has not given the necessary consent for continued confinement beyond the parameters of what was initially agreed upon, if any consent was given at all. Moreover, the presence of improper confinement means that the plaintiff may pursue damages resulting from the unlawful action, as their liberty was wrongfully restricted.

The rationale for this legal standing is to protect individuals from unlawful restraint, ensuring that defendants are held accountable for their actions. Thus, if a defendant fails to release someone from confinement, it establishes that the confinement was not only improper but also actionable.