FEW, C.J.
The Richland County Sheriff's Department arrested Demetrius Mack — a licensed private security officer — for simple assault after Mack chased, apprehended, and handcuffed McKenzie Williamson for trespassing at the business where Mack was working. Mack brought suit for false imprisonment against Leon Lott, in his official capacity as Sheriff of Richland County. After a bench trial, the court awarded Mack $7,500 in actual damages, finding the Sheriff lacked probable cause to arrest Mack. We remand for more detailed factual findings as required under Rule 52(a) of the South Carolina Rules of Civil Procedure.
On December 6, 2008, Mack worked as a licensed security officer for D.T.H. Protective Services, which provided security to Club Essence, a nightclub on Weir Avenue in Columbia.
That evening, Williamson attempted several times to enter the club without paying the required cover charge. The fourth time Williamson attempted to enter, Mack approached him, and Williamson "took off" running away from the club.
Senior Corporal James Gore of the Richland County Sheriff's Department witnessed the incident while making an unrelated narcotics arrest approximately 200 yards from Mack and Williamson. After Gore observed Williamson's injuries, he arrested Mack for simple assault. Gore testified he arrested Mack "because he chased [Williamson] into the road and tackled him." Gore explained, "I knew for a fact that [Mack] had no jurisdiction in that roadway, being a private security guard." He later testified, however, "I gave Mr. Williamson the option if he wanted to press charges. And he told me `yes.' And that was the only reason I took [Mack]."
Mack filed suit for false imprisonment. At trial, Gore testified that sometime between 2:00 and 3:00 a.m. he observed
Mack then testified as to how Williamson incurred his injuries:
To establish a claim for false imprisonment, the plaintiff must prove three elements: (1) the defendant restrained the plaintiff, (2) the restraint was intentional, and (3) the restraint was unlawful. Argoe v. Three Rivers Behavioral Health, L.L.C., 392 S.C. 462, 473, 710 S.E.2d 67, 73 (2011); Gist v. Berkeley Cnty. Sheriff's Dep't., 336 S.C. 611, 618-19,
The Sheriff contends Gore had probable cause to arrest Mack, and therefore, the trial court erred in awarding Mack damages for false imprisonment. Because Mack was a licensed security officer working at Club Essence, Mack had authority to arrest Williamson so long as the arrest occurred on the property where the club was located. See S.C.Code Ann. § 40-18-110 (2011) (providing "[a] person who is ... licensed ... and who is hired or employed to provide security services on specific property is granted the authority and arrest power given to sheriff's deputies" but "only on the property on which he is employed"). If Mack arrested Williamson on Club Essence property, any assault Mack committed during the arrest was lawful. However, if Williamson was in the roadway when Mack arrested him, Mack acted without legal authority to make the arrest and would be guilty of assault. Therefore, Gore had probable cause to arrest Mack if Gore reasonably believed Mack arrested Williamson in the road — not on Club Essence property. To state the factual issue in terms of the elements of false imprisonment, Mack was required to prove as a matter of fact that Gore did not reasonably believe Mack arrested Williamson in the road. Rule 52(a), SCRCP, required the trial court to "find the facts specially" as to whether Mack met his burden of proving that element.
Although the trial court correctly recited the definition of probable cause, it did not make the factual finding necessary to support its ruling that Gore lacked probable cause. The only factual findings the trial court made regarding the non-existence of probable cause are conclusory — "a realistic assessment
Because the trial court's findings of fact are insufficient under Rule 52(a), we remand for more detailed findings as to whether Mack met his burden of proving Gore did not have probable cause to arrest him.
SHORT and GEATHERS, JJ., concur.