What are the elements of the tort of false imprisonment under the Federal Trade Association?

McGowan asserts claims under the FTCA for false imprisonment and negligence. Under New York law, the elements of the tort of false imprisonment are: (1) the defendant intended to confine [the plaintiff], (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement and (4) the confinement was not otherwise privileged. Broughton v. State , 37 N.Y.2d 451, 373 N.Y.S.2d 87, 335 N.E.2d 310, 314 (1975). The district court held that McGowan failed to state a claim for false imprisonment on the ground that the government's confinement of an inmate pursuant to a lawful judgment is uncategorically privileged. McGowan v. United States , 94 F.Supp.3d 382, 390 (E.D.N.Y. 2015). It also noted that the government argued that McGowan's false imprisonment claim lacked a private analogue, but declined to rely on that ground. See id. at 392.