CJI-Civ. 21:8

The defendant, (name), is not legally responsible to the plaintiff, (name), on (insert

applicable pronoun) claim of (false imprisonment) (false arrest) if the affirmative defense of

a privilege to detain for investigation is proved. This defense is proved if you find all of the

following:

1. The defendant was (the owner, agent or employee of a business) (a peace or police

officer);

2. The defendant believed and had reasonable grounds to believe the plaintiff had

wrongfully (taken items) (secured services) from (the defendant’s business premises) (a

business establishment) or had failed to make arrangements for the payment of (the items

the plaintiff had received) (the services which had been rendered to the plaintiff);

3. The defendant detained the plaintiff solely for the purpose of questioning the

plaintiff about the matter;

4. The defendant questioned the plaintiff in a reasonable manner and only for a

reasonable period of time; and

5. The plaintiff was in the place of business or had just left and was in the immediate

vicinity.