III.A. The Clashing of Wills | Jonathan Zittrain | December 21, 2012

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III.A. The Clashing of Wills

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Lopez v. Winchell's Donut House--"The Accused Employee Who Freely Left"
    Original Creator: Jonathan Zittrain
    Should a defendant be liable for false imprisonment when it did not apply force, use the threat of force, nor assert its authority to confine the plaintiff?
    Notes:
    Plaintiff—an employee of defendant—was suspected of “shorting” the cash register. The plaintiff voluntarily entered the back room of the store at her supervisor’s request. In the back room, the supervisor and another man questioned her regarding the alleged “shorting”. No threats of any kind were made during the interrogation, and plaintiff left the room and went home when she first decided to do so.
  2. 2 Show/Hide More Parvi v. City of Kingston--"The Dropped Off Drunk"
    Original Creator: Jonathan Zittrain
    Can an otherwise-consented-to action become false imprisonment if the plaintiff no longer wants it?
    Notes:
    Police transported the drunken plaintiff to an abandoned golf course outside of the city so he could “dry out”. During the car ride to the golf course, plaintiff requested to be let out at a different location. Plaintiff was severely injured when he walked out onto the highway, still intoxicated, in an attempt to return home. At trial, plaintiff admitted that he could no longer recall the car ride.
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