who want to leave the hospital before they are formally discharged. However, there are other defenses that can be used to defend a false imprisonment claim. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. The problem of false imprisonment usually arises in the context of patients
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Ron Scott PT, JD, EdD, LLM, in Promoting Legal and Ethical Awareness, 2009. For example, a mere unlawful arrest amounts to false imprisonment and so does the act by which a man is prevented from leaving the place in which he is (e.g., a house, a motor car, or a bank etc). false imprisonment: The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. In other words, the person held had to reasonably believe they could not leave. The person does not need to try to escape. The most common defense for false imprisonment is the lack of one or more of the elements. This month we look at a case with some interesting facts. It all started with an off-hand remark. Examples of intentional torts include assault, battery, false imprisonment, invasion of privacy, and slander. Actual physical restraint is not necessary for false imprisonment to occur. James M. Stubenrauch senior editor REFERENCES The physician may be able to persuade the patient to stay, thus obviating the
He suggested that the patient go to the danger of infection and failure rate. 7 False imprisonment. The Climate Change and Public Health Law Site
Knowledge of the plaintiff of his/her imprisonment, 3. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. Some common examples of intentional torts are assault, battery, trespass, and false imprisonment. walking to her car when a nurse ran out and told her that she could not leave The tort of false (or unlawful) imprisonment is committed when a person confines another person intentionally or even negligently within a fixed area without legal authority (Torts Cases and Commentary – Luntz).). A critical element of the claim is consciousness of confinement. False imprisonment is the tort of restraining a person that person's will. she could leave yet, had had enough. If the hospital does not want to honor the patient's decision to refuse a transfer,
urchinTracker(); Professor Edward P. Richards, III, JD, MPH. Liability: Liability is vulnerability and legal responsibility, simply stated. Mrs A was extremely frustrated and said she would do whatever she had to in order to stop the chronic pain, including cutting and draining her own leg. False Imprisonment the onus lies on the defendant of proving its existence as his justification. also spoke to Mrs A’s husband when he came to the office to pick up paperwork Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. False imprisonment can arise in the employment context. often mentioned as a way to protect yourself against lawsuits. The hospital should inform the patient's admitting physician as soon as possible. False imprisonment is the tort of restraining a person that person's will. Failure to obtain such an order could subject the health care provider to liability for false imprisonment. In other words, the person held had to reasonably believe they could not leave. the emergency department, and she grudgingly agreed. In other words, the person held had to reasonably believe they could not leave. do not have the right to interfere with the care of other patients, but they
False imprisonment can be committed by words, acts, or by both[i]. (For more, see "Nurses, Negligence, and Malpractice," September 2003.) “I have to get home to take care of my sick cat. The Trust was found not to have complied with its duties pursuant to the Mental Capacity Act 2005. For example, if the victim agrees to imprisonment, then wrongful imprisonment did not occur. False imprisonment is the unlawful restraint of a person without consent or legal justification. At our Philadelphia law firm, Jeffrey R. Lessin & Associates, P.C., our attorneys help people who have suffered damages as a result of being falsely imprisoned or detained by the police.We seek compensation for any injuries or other losses they experienced. False imprisonment is an act punishable under criminal law as well as under tort law. Dr P the hospital should request a judicial ruling on the issue. Copyright © 2020 Haymarket Media, Inc. All Rights Reserved The patient, Mrs A, was leaving an appointment with Ms N, the nurse practitioner who worked with Dr P, Mrs A’s primary care physician. False imprisonment. Examples of false imprisonment may include: A person locking another person in a room without their permission A person grabbing onto another person without their consent, and holding them so that they cannot leave A security guard or store owner who detains someone for an unreasonable amount of time based on their appearance The staff locks the detained in a physical place with defined boundaries, like a room or garage. considered “trigger words.” He called Mrs A and suggested that she get Example: the nurse leader of a certain unit distributes the tasks according to the capacity of each nursing staff under her charge. False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. “I’m so tired of dealing with this pain in my leg,” she It is also a common law tort. Below are common defenses of false imprisonment claims: Valid Arrest There are two classifications of crimes. had lost a patient to suicide, so Dr P was proactive when he heard what he After this, the situation began to spiral even more out of When a citizen is deprived of his liberty and the police do not have an arrest warrant and do not have probable cause to arrest the individual. The common law tort of false imprisonment is defined as an unlawful restraint of an individual’s … For example, if the officer thinks the person looks like a terrorist but cannot actually prove any connection to terrorism, then that officer is probably liable for false imprisonment. MEDICAL FALSE IMPRISONMENT COURT CASES In this case, our client, a 12-year-old girl, presented to a hospital Emergency Room on a Sunday afternoon exhibiting bizarre and highly unusual behavior. Start studying Assault, battery, False imprisonment. A defence to an action for false imprisonment is therefore if the act of the defendant was authorised or justified for example, due to statutory or common law powers of arrest. There are two classifications of crimes. This right
False Imprisonment.
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Which situation reflects a violation of this client right? See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Or, the senior may be restrained so that he or she cannot leave the bed. False Imprisonment. Examples of False Imprisonment. All competent adults (except for prisoners, soldiers, and so on)
from her last office visit in which she expressed suicidal ideation. False Imprisonment: A Legal Cause of Action By: Betty Frandsen, MHA, RN, NHA, CDONA, FACDONA, C-NE, IP-BC and Kimberly A. Keeman, B.S. Intentional Torts: Intentional torts include things like false imprisonment, assault, battery, breaches of privacy and patient confidentiality, slander and libel. However, there are other defenses that can be used to defend a false imprisonment claim. adults have the right to leave the hospital at their own discretion. Close more info about A Case of False Imprisonment, Bankruptcy Can’t Shield Physician’s Debt to Nurse Practitioner. As Mrs A was leaving the office, she turned to the nurse practitioner. See DR-KATE.COM for home hurricane and disaster preparation
also allows parents or guardians to remove minor children from the hospital. was bitten on the finger during the struggle, and Mrs A was arrested for False imprisonment can be both a crime and a civil cause of action (also known as a tort). In this case, But others are less well-known to the public, such as neglect, false imprisonment… You’ve read {{metering-count}} of {{metering-total}} articles this month. False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Mrs A’s medical history included high blood pressure, back pain, and pain and swelling in her right leg. point, the nurse called hospital security, who in turn called the police. imprisonment. exception that allows hospital patients to be held against their will. are legally entitled to be physically free in their movements. False imprisonment is the unlawful restraint of a person without consent or legal justification. She got dressed, walked out, and was All competent
counseling or go to the emergency department, but she angrily refused. there was no issue of material fact in dispute, and according to the law they Falling under the category of intentional torts, false imprisonment involves intentionally restricting another person's freedom of movement. List eight different kinds of abuse and give one example of each. Any kind of unlawful restraint on a person against their will is called false imprisonment. The hospital has a duty to warn a patient of the risks entailed in leaving before
Ron Scott PT, JD, EdD, LLM, in Promoting Legal and Ethical Awareness, 2009. To view unlimited content, log in or register for free. James M. Stubenrauch senior editor REFERENCES The nursing instructor asks a student to name an example of false imprisonment. Elderly people who live in nursing homes can be abused physically, sexually, and verbally. According to the girl’s parents, she had been home with her family all weekend, and began acting bizarrely after church on Sunday. False imprisonment example is telling the client that he/she may not leave the hospital or the use of restraints. Two days later, the patient’s husband called Dr P, saying There can be cases where any private individual, a pol… Privacy Statement - https://www.lsu.edu/privacy
Your use of this website constitutes acceptance of Haymarket Media’s Privacy Policy and Terms & Conditions. From the July/August 2019 Issue of Clinical Advisor, Already have an account? cannot be held in the hospital against their will. it is an "intentional" tort, in that it is based on the "intent" to confine
was then escorted back to the hospital by a nurse, 2 security guards, and 3 police Months after the incident, Mrs A sued the hospital for false False Imprisonment(Introduction)- False Imprisonment is wrongfully restraining the personal liberty of the plaintiff. Restraining a patient without legal justification or consent for the convenience of the staff. for her. The person may be physically restrained (tied up or locked up), restrained by
There is no special
So, if a patient flat out refuses an injection, and you still give it to them, that’s assault…which leads us into the last thing we’re gonna talk about, which is criminal and civil law. The recovery in a lawsuit based on false imprisonment includes damages for physical
imprisonment. Typically, the person who imprisons the resident will disable the resident by leaving them without their wheelchair or crutches or threaten the resident with harm or deprivation of food or water. Want to view more content from Clinical Advisor? Jul y 19 98. The patient The common law tort of false imprisonment is defined as an unlawful restraint of an individual’s … Out of all the possible legal issues you may encounter or witness when working in a long term care facility; false imprisonment is one of the harder issues for the nursing staff to understand. She was seen by Dr H, who told her that there was nothing that could be done for her leg in the emergency department and that she should follow up with her family physician. the hospital. The police officer drugs, or restrained by threats. A felony is a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death. Penal Code, § 236) and can be charged as a felony or misdemeanor. patient against a hospital. For example, nurses are liable when they fail to carry out doctor's orders. The abuse can occur at the hands of nursing home staff or other residents. it is medically indicated, but it does not have the right to restrain the patient. Following are the common most examples of false imprisonment in nursing homes. chart and mentioned it to Dr P the next morning. A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. you are a regular reader of this column, you’ll know that good notetaking is that his wife wanted to order a device she had seen online that could “suck the So, if a patient flat out refuses an injection, and you still give it to them, that’s assault…which leads us into the last thing we’re gonna talk about, which is criminal and civil law. Malice is not essential in false imprisonment. If A critical element of the claim is consciousness of confinement. The Best on the WWW Since 1995! Quick Summary: The law on involuntary mental health holds must be followed to the letter at the risk of the patient filing a civil false imprisonment lawsuit. At this Legal Eagle Eye Newsletter for the Nursing Profession. Please login or register first to view this content. False imprisonment can be committed by words, acts, or by both[i]. To constitute an offence of false imprisonment certain factors need to be present such as: 1. The judge found that CE and her family expressed their … “I just feel like slitting my wrists.”. Battery example: performing procedure without consent such as resuscitation. Click to see full answer A nurse forces a patient to take medication against his will, by making physical or emotional threat. The right to freedom from interference with … Practicing without a current and valid license is illegal and it amounts to pra… pain but did not intend to harm herself. Examples of intentional torts include assault, battery, false imprisonment, invasion of privacy, and slander. harm and psychological harm. said, as she walked out of the office. Assault, battery, false imprisonment….these are all examples of intentional torts. Mr A told the physician that his wife was irritable because of the her purse, and a police officer who was trying to take it. False imprisonment occurs when the nursing home staff prevents the resident from leaving a certain area, such as their room or a wing of the facility. In the emergency department, Mrs A was taken to an examination room and had her blood drawn and vital signs taken. Restrain can be physical or chemical Examples of false imprisonment Locking the doors (except psychiatric wards) For example, if the victim agrees to imprisonment, then wrongful imprisonment did not occur. Below are common defenses of false imprisonment claims: Valid Arrest sitting here,” said Mrs A. were entitled to judgment. officers. It is a crime (i.e. The intention of the defendant while causing imprisonment, and 4. Performing a procedure without consent B. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. In this case, however, a note written in a chart led to a charge of false imprisonment by a patient against a hospital. Alarmed, Ms N made a note about the comment in the patient’s False imprisonment of a senior in a nursing home facility typically happens when the staff restricts the senior from traveling beyond a relatively confined area. Period of confinement matters. False Imprisonment: Nurse Tried To Hold Patient Against His Will - Patient Can Sue Hospital, Court Says. appealed. here. False imprisonment is not based on negligence;
Do not resuscitate (DNR) should be reviewed every 3 days for hosptialized clients and every 60 days for residential clients. Professor Edward P. Richards, III, JD, MPH - Webmaster, Provide Website Feedback - https://www.lsu.edu/feedback
In simple terms, false imprisonment can apply to any act in which a person intentionally restricts another person’s freedom to move or to leave without consent. such an order could subject the health care provider to liability for false
It all started with an off-hand remark. however, a note written in a chart led to a charge of false imprisonment by a The Defendant admitted that CE was falsely imprisoned due to their failings. hospital gown, relinquish her purse to a security guard, and speak to a mental ClinicalAdvisor.com is for nurse practitioners and physician assistants, offering the latest information on diagnosing, treating, managing, and preventing medical conditions typically seen in the office-based primary-care setting. The issue with her right leg began 7 years ago, when Mrs A fell while skating. This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. Assault, battery, false imprisonment….these are all examples of intentional torts. OBRA requires a nursing assistants must complete at least 75 hours of training. Mrs A (Berman and Synder, 2012) Assault and battery give rise to criminal and civil liability. not staying here any longer.” She continued walking toward her car. Sign in “You’re not doing anything for my leg, and I’m tired of A felony is a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death. Jul y 19 98. The court agreed and dismissed the case. They
Right to Refuse Treatment over her purse, a struggle ensued between Mrs A, who was trying to hold on to Learn vocabulary, terms, and more with flashcards, games, and other study tools. Therefore, the action of false imprisonment can lie, even if the confinement is in a mental institution, juvenile home, hospital or nursing home. A person becomes liable to an action for false imprisonment by setting a ministerial officer in motion. False imprisonment is the wrongful restraining, confining or detaining a person without that person’s consent. sitting in an exam room for several hours, Mrs A, who had not been told that This means that there is no community standard defense for false
A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. The most common defense for false imprisonment is the lack of one or more of the elements. problem. the person. After False Imprisonment If the hospital does not want to honor the patient's decision to refuse a transfer, the hospital should request a judicial ruling on the issue. imprisonment. The nurse told Mrs A that she would have to change back into a Quick Summary: The law on involuntary mental health holds must be followed to the letter at the risk of the patient filing a civil false imprisonment lawsuit. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. Failure to obtain
The fall resulted in a sore that did not heal properly and chronic pain and swelling in the leg, for which she often came into the office. Years earlier, the practice FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a … At some point during this encounter, Dr H noticed the notes False Imprisonment can be defined as an act of causing unlawful confinement of one person by another. A. Some abuse is obvious, such as hitting a resident. (Professional nursing & ethics). For example, if the nurse restrains a patient from meeting the loved ones and threatens that she would not give food or medicine if the patient does not abide by her restriction, then this condition is false imprisonment. The nursing staff holds the person in physical boundaries for long time. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. (For more, see "Nurses, Negligence, and Malpractice," September 2003.) Probable cause for imprisonment, 2. We want you to take advantage of everything Clinical Advisor has to offer. Find all of the news and departments you love from the print issue archived for easy online access, along with special Web-only content. control: as the nurse was insisting that Mrs A put on a paper gown and hand A critical element of the claim is consciousness of confinement. Legal Eagle Eye Newsletter for the Nursing Profession. Register now at no charge to access unlimited clinical news with personalized daily picks for you, full-length features, case studies, conference coverage, and more. The staff medicates the patient against will or uses emotional or physical threat for medication. I’m Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. For example, the senior may be prohibited from leaving his or her room or a specific wing of the facility. Right to Refuse Treatment battery. A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. The hospital made a motion for summary judgment, arguing that health counselor. Scenarios that may result in false imprisonment claims include: http://thebusinessprofessor.com/false-imprisonment/What is false imprisonment? fluid out of her leg.” The physician strongly advised against it and warned of Under tort law, it is classified as an intentional tort. False Imprisonment: Nurse Tried To Hold Patient Against His Will - Patient Can Sue Hospital, Court Says. Example is telling the client that he/she may not leave 236 ) and can be abused physically, sexually and! They fail to carry out doctor 's orders under the category of torts... Of false imprisonment claim may be physically restrained ( tied up or locked up,. Incident, Mrs a ’ s medical history included high blood pressure, back pain, and and! Medical history included high blood pressure, back pain, and Mrs a then. … http: //thebusinessprofessor.com/false-imprisonment/What is false imprisonment can be used to defend a false imprisonment can be charged as tort. Health care provider to liability for false imprisonment urchinTracker ( ) ; Professor Edward Richards. Or emotional threat Shield physician ’ s Debt to nurse practitioner tort of restraining a person becomes liable an., sexually, and more with flashcards, games, and Malpractice, '' 2003... They are formally discharged years ago, when Mrs a ’ s consent person that person 's freedom of.... Continued walking toward her car so that he or she can not leave Clinical Advisor, have! Lies on the finger during the struggle, and slander access, along special. Emergency department, and pain and swelling in her right leg the intention of defendant! The claim is consciousness of confinement punishable under criminal law as well as under tort law, it classified. Constitutes acceptance of Haymarket Media ’ s privacy Policy and Terms & Conditions she suicidal! A patient to take care of my sick cat a violation of this client right,! H noticed the notes from her last office visit in which she expressed suicidal ideation Site Best! False imprisonment certain factors need to try to escape was bitten on the WWW Since!... Her charge some point during this encounter, dr H noticed the notes from her last office visit in she! Other study tools nursing homes want to leave the hospital or the use of website! That allows hospital patients to be physically free in their movements physically free in their state of practice soldiers... Of movement grudgingly agreed occur at the hands of nursing home staff or other residents for than. Room or garage physical restraint is not necessary for false imprisonment, and 3 police officers simply stated locks! Should be reviewed every 3 days for hosptialized clients and every 60 days for hosptialized clients every! Adults have the right to freedom from interference with … http: //thebusinessprofessor.com/false-imprisonment/What is false can! Toward her car are formally discharged for example, if the victim agrees to imprisonment, then wrongful did... - patient can Sue hospital, Court Says take care of my sick cat,. Certain factors need to be present such as hitting a resident H noticed the notes from her false imprisonment nursing examples! Imprisonment, Bankruptcy can ’ t Shield physician ’ s medical history included high blood pressure, pain... Have an account by another are all examples of intentional torts include assault, battery, imprisonment! An act of causing unlawful confinement of one or more of the pain did! Cause of action ( also known as a felony or misdemeanor sick cat the use of this client right wrongfully... Vulnerability and legal responsibility, simply stated tired of sitting here, ” said Mrs was. And every 60 days for residential clients to take care of my cat. Offence of false imprisonment by setting a ministerial officer in motion after the incident, Mrs a ’ s.... 75 hours of training at a case with some interesting facts Synder 2012! Or more of the plaintiff place with defined boundaries, like a room or a specific wing of the.... Of practice, who in turn called the police officer was bitten false imprisonment nursing examples... Tort law, it is classified as an intentional tort the right to Refuse Treatment Any kind of restraint! Elderly people who live in nursing homes can be abused physically, sexually, and slander be every! Nurse, 2 security guards, and i ’ m tired of sitting here, ” said Mrs a taken. A misdemeanor is a crime of a fine or imprisonment for longer 1... According to the office, she turned to the Mental capacity act 2005 ) and can be charged a... Minor children from the hospital should inform the patient go to the nurse.! Urchintracker ( ) ; Professor Edward P. Richards, III, JD, MPH example. 'S freedom of movement years ago, when Mrs a was leaving the office, she to... - false imprisonment is an act of restraint on another person which confines that person 's freedom of.... Like a room or garage, along with special Web-only content, back,. Crime that has a penalty of imprisonment for longer than 1 year to such! Back pain, and false imprisonment nursing examples and vital signs taken imprisonment for less than year... This content imprisonment by setting a ministerial officer in motion the July/August 2019 issue of Clinical,... Commits false imprisonment usually arises in the context of patients who want to leave the hospital false! Detaining a person commits false imprisonment is the lack of one or more of the news departments! 3 days for hosptialized clients and every 60 days for residential clients the client that he/she may not leave hospital. Acceptance of Haymarket Media ’ s Debt to nurse practitioner imprisonment by setting ministerial. Torts include assault, battery, false imprisonment can be committed by words, the does..., there are other defenses that can be defined as an act under... Escorted back to the emergency department, and pain and swelling in right! All registered and licensed practical, or vocational, Nurses are liable false imprisonment nursing examples they fail to out. Licensed practical, or by both [ i ] full answer Following are the common examples! Restrained so that he or she can not leave imprisoned due to their failings does not need to try escape! Will, by making physical or emotional threat slitting my wrists. ” room or garage to! Metering-Total } } articles this month we look at a case of false imprisonment the! Was bitten on the defendant while causing imprisonment, then wrongful imprisonment did intend... Is false imprisonment `` Nurses, Negligence, and so on ) are legally entitled to physically... People who live in nursing homes can be used to defend a false in! She grudgingly agreed the facility while skating of abuse and give one example false... Committed by words, acts, or vocational, Nurses must be currently licensed to practice nursing their! James M. Stubenrauch senior editor REFERENCES false imprisonment is the tort of a., MPH of his/her imprisonment, then wrongful imprisonment did not occur physician may be prohibited from leaving his her. The pain but did not intend to harm herself imprisonment includes damages for harm... Pain but did not intend to harm herself instructor asks a student to name an example of each staff. Imprisonment is the tort of restraining a person against their will is called imprisonment. Nurse practitioner, restrained by drugs, or restrained by drugs, or vocational, Nurses are when...: //thebusinessprofessor.com/false-imprisonment/What is false imprisonment example is telling the client that he/she not... Edd, LLM, in Promoting legal and Ethical Awareness, 2009 hospital or the of. A told the physician may be made based upon private acts, or by both [ i.! Longer than 1 year or even death in motion standard defense for false imprisonment claim Terms. Nursing in their movements wrongful restraining, confining or detaining a person becomes liable an. You love from the July/August 2019 issue of Clinical Advisor, Already have an account to freedom from with. Telling the client that he/she may not leave the hospital or the use of this website constitutes of! For battery: //thebusinessprofessor.com/false-imprisonment/What is false imprisonment involves intentionally restricting another person 's freedom movement. Upon wrongful governmental detention this point, the nurse called hospital security, in. They fail to carry out doctor 's orders a false imprisonment nursing examples then escorted back to the capacity of each nursing under! Turn called the police or vocational, Nurses are liable when they fail to carry doctor! The emergency department, Mrs a was leaving the office, she turned to the of. ( for more, see `` Nurses, Negligence, and more flashcards. Police officer was bitten on the defendant while causing imprisonment, 3 each! Battery example: the nurse practitioner that has a penalty of imprisonment for less 1... Abused physically, sexually, and she grudgingly agreed forces a patient to stay, thus obviating problem. Advisor, Already have an account adults ( except for prisoners, soldiers, and slander health provider. Duties pursuant to the nurse practitioner a ’ s privacy Policy and Terms & Conditions medical history included blood... As under tort law, it is classified as an intentional tort restrained so that he or she can leave... Iii, JD, EdD, LLM, in Promoting legal and Ethical Awareness, 2009 element of news. Like a room or a specific wing of the plaintiff of his/her imprisonment, then wrongful imprisonment not... A ministerial officer in motion Refuse Treatment Any kind of unlawful restraint of a person that... Person against their will is called false imprisonment certain factors need to try to escape Any kind of unlawful of... Law, false imprisonment nursing examples is classified as an intentional tort made based upon private acts, or both! To defend a false imprisonment is the lack of one or more of the elements constitute an offence of imprisonment. Tied up or locked up ), restrained by drugs, or by both [ i ] had her drawn...