The First Restatement of Torts § 42 made plaintiff's awareness of confinement a condition of defendant's liability for false imprisonment. Influenced by Prosser, the Second Restatement eliminated the awareness requirement in cases involving actual harm. The author asserts that the present § 42 misses the essential point that the affront of confinement itself is worthy of redress.
Sheldon H. Nahmod,
Awareness of Confinement for False Imprisonment: A Brief Critical Comment,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol15/iss1/4