Herbst v. Wuennenberg
Wisconsin Supreme Court
266 N.W.2d 391 (1978)
Herbst, Nadel, and Ritholz (plaintiffs), verifying voter addresses for the Republican party, were checking mailbox names in the vestibule of an apartment building owned by Carol Wuennenberg (defendant), a city alderperson. Wuennenberg became upset when she learned what they were doing and, after they refused to identify themselves, had her husband call the police; while waiting, she stood outside the vestibule door to block them from leaving, though she never threatened them verbally or physically. The plaintiffs, who outnumbered Wuennenberg and showed no evidence of fear, remained in the vestibule for about five minutes until police arrived and told them they'd done nothing wrong. A jury found for the plaintiffs on their false imprisonment claim, and Wuennenberg appealed.
Whether merely consenting to remain confined, without any accompanying fear of physical harm, is a sufficient basis for a false imprisonment claim.