False Imprisonment

Question 1

Elements of False Imprisonment

Answer 1

• An act by the defendant
• intended to and does in fact
• cause the plaintiff to be confined consensually within a fixed set of boundaries of the defendant’s choosing for an appreciable length of time

Other factors:

• The plaintiff must be aware of the confinement or be harmed by it
• The defendant must confine the plaintiff without any lawful authority

Question 2

Whittaker v. Sandford

Answer 2

Facts: Woman and family held on ship off the coast of Maine. Woman not permitted to use boat to row to shore.

Holdings:
- Physical restraint isn’t required.

Question 3

Rougeau v. Firestone Tire & Rubber Co.

Answer 3

Facts: Plaintiff was employee of company, accused of stealing lawn mowers. Plaintiff agreed to search of his home, and was told to wait in office with guards while search was conducted. Plaintiff did not ask to leave.

Holdings:
- By staying in the guardhouse (not refusing), shows that plaintiff was not totally restrained. Some form of implied consent.

Question 4

Coblyn v. Kennedy’s, Inc.

Answer 4

Facts: While exiting a store, plaintiff was stopped by employee and accused of stealing an ascot. Plaintiff was escorted upstairs to managers office and began experiencing chest pains.

Holdings:
- There were no reasonable grounds to conclude a larceny was being committed thus store liable for false imprisonment.

Question 5

Sindle v. New York City Transit Authority

Answer 5

Facts: Students on a bus vandalized the bus on last day of school. Bus driver decided to drive bus to police station. Several students escaped through an open window. Student was thrown from vehicle, was rolled over by bus.

Holdings:

• A party in possession or control over property can be justified in using reasonable restraint to protect that property from damage or interference.
• Additionally, force can be used in order to promote minor’s welfare are maintain discipline.