Intentional Torts

Torts

An offense where one party was injured, and that injury requires action by the court to make them whole.

Purposes of Torts

Deterrence; Restoration of the injured party; To allow redress.

Burden of Proof

Prove the elements of the claim with a preponderance of the evidence.

Intentional Torts

Causes of action that cannot be fully committed by accident (i.e., not negligence).

Causes of Action for Intentional Torts

Battery, assault, false imprisonment, intentional infliction of emotional distress (IIED), trespass to property.

Battery

Infliction of a harmful or offensive contact by an actor upon another with the intent to do so.

Prima Facie Case for Battery

1. A Acts

2. Intending to cause contact with P;

3. That contact is harmful or offensive

4. D suffers harmful or offensive contact.

Single Intent

The act itself is intentional (as defined in Nebraska).

Dual Intent

The actor intended to harm using contact.

Knowledge as Intent

The actor had knowledge at the time of acting-- substantial certainty -- that contact would occur.

Reasonable Person Standard

What reasonable person would find it offensive to the personal dignity of another in relation to the circumstances?

Special Circumstances with Battery

Horseplay, Eggshell Defense, Vicarious liability.

Horseplay

D can lack intent to cause harm, but can still be liable for battery if the contact is harmful or offensive.

Eggshell Defense

D takes P as they find them. If D causes injuries, they are liable for all injuries, regardless of any condition that the battery caused.

Vicarious Liability

Liability is transferred from or shared between one actor and another.

Respondeat Superior

Employers are vicariously liable for torts committed by employees within the scope of their employment.

Transferred Intent

In cases where an actor intends to make contact with one person but the battery incidentally occurs on another person, the intent has transferred to the other person (dual intent jurisdictions only).

Lack of Cognition / Children's Liability

Children are liable for torts unless parents' knowing fail to take precautions against their children's actions that they have reason to know they will commit.

Extended Personality

Items that are reasonably connected to your person and are battered extend liability.

Cecarelli v. Maher

P offered to drive the woman home, D didn't like that, and beat P up with fists and bottles, and was severely injured. The jury provided compensatory damages for injuries, lost wages, and pain and suffering.

Paul v. Holbrock

D gave female co-worker P unconsented shoulder massages on two occasions. P asked D to leave, and he did. The court remanded for the triers of fact to determine whether the messages were offensive.

Volsberg v. Putney

D kicked classmate P at school. P had long-lasting injuries due to a preexisting condition. The court held that since the kick occurred in the classroom (as opposed to recess), it was unreasonable and therefore offensive.

Cole v. Hibberd

D was drunk, and as her friend P bent over, seemingly jokingly kicked her in the behind, causing an injury. The court held that this met the prima facie case for battery because P's act was intended to cause contact with D, even though she did not intend to cause harm.

Sovereign Immunity

The legal doctrine that prevents the government or its agents from being sued without its consent.

Negligence

Failure to take proper care in doing something, leading to damage or injury to another.

Assault

Apprehension of imminent harmful or offensive contact.

Prima Facie Case for Assault

1. A acts

2. Intending to cause apprehension of imminent harmful or offensive contact

3. The action causes the person to apprehend such a contact.

Consent

An agreement or permission for something to happen, which can be a defense against assault liability.

Verbal Threats

Threats alone do not constitute an assault unless there is an additional action that causes reasonable apprehension of contact.

Fear vs. Apprehension

Fear is not needed for an assault case; only the apprehension that contact could occur is necessary.

Retreat / Fleeing Assault

The ability for the plaintiff to flee does not negate their apprehension of imminent contact.

Aiding and Abetting

An actor who assists, encourages, incites, or fails to stop can be found liable for an intentional tort through aiding and abetting.

Factors for Aiding and Abetting Liability

The court considers the relationship between the actors, proximity, time, place, duration of co-activity, communication, and any encouraging words.

Beach v. Hancock

A case where D was found liable for assault after pointing and snapping a gun in a threatening manner at P from approximately 50 feet away.

Brooker v. Silverthorne

A case where the court ruled that for a threat to constitute an assault, there must be reasonable apprehension that an injury will occur imminently.

Vetter v. Morgan

A case where the court found that the jury could determine P was apprehensive of imminent harmful contact due to circumstantial evidence.

Intellectual Disability

A condition characterized by significant limitations in both intellectual functioning and in adaptive behavior.

Community Outing

A planned event where individuals participate in activities outside of their usual environment, often for social interaction.

Ward of the State

An individual, often a minor, who is placed under the protection and care of the state.

Apprehension

The awareness or anticipation that harmful or offensive contact may occur.

Imminent Harm

A threat of harm that is immediate and impending.

Negligence Liability

The legal responsibility of a party who fails to act with reasonable care, resulting in damage or injury.

Liability Assignment

The determination of who is legally responsible for an act or injury.

Circumstantial Evidence

Evidence that relies on an inference to connect it to a conclusion of fact.

Reasonableness

The standard by which a person's actions are measured in the context of law.

Defining Apprehension

The understanding or awareness of a potential harmful contact.

Threats

Statements or actions that indicate an intention to cause harm.

False Imprisonment

Unlawful deprivation of the freedom of movement.

Prima Facie Case for False Imprisonment

1. A acts

2. intending to confine P

3. A's act causes P to be confined

4. P is aware of the confinement at the time.

Merchant's Defense

A legal protection for merchants when detaining a person based on a reasonable belief of theft, as long as it is done in a reasonable time and manner.

Lawful Arrests

Arrests made to uphold justice and access to the legal system that do not constitute false imprisonment.

Definition of Confinement

Being bounded by a physical space so one cannot reasonably leave.

Governmental Liability in False Imprisonment Claims

Citizens can sue the government for false imprisonment if their civil rights are oppressed.

Habeas Corpus

The right of a person imprisoned by the government to be heard on the lawfulness of their detention.

Fojtik v. Charter Med. Corp.

A case where the court ruled that the plaintiff was voluntarily in a care center and could leave, despite feeling threatened.

Carmona-Lorenzo v. Trump

A case where the plaintiff was detained during an ICE raid and was ordered to be released via a writ of habeas corpus.

Grant v. Stop-N-Go

A case where the plaintiff was stopped by a gas station employee who believed he had stolen an item, leading to a false imprisonment claim.

Intent as Knowledge

The understanding that one's actions could result in harmful consequences.

Limits on Confinement

Conditions under which confinement may be considered lawful or unlawful.

Risk of Harm

The potential for injury or damage that may occur.

Perception of Confinement

The belief held by a person that they are being confined.

IIED

Intentional Infliction of Emotional Distress Overview: When an actor, by means of outrageous conduct, intentionally or recklessly causes severe emotional distress.

Prima Facie Case for IIED

1. A Acts in an outrageous or wildly unexpected manner

2. intending to cause severe emotional distress

3. That does cause emotional distress

Special Circumstances with IIED

Filler Cause: IIED is only used, and rarely wins, when there is no other cause that works.

Statute of Limitations for IIED

IIED generally has a longer statute of limitations than the other intentional torts to see what harm results from any distress.

Threats in IIED

Indefinite, non-time bound, severe threats alone may be more likely be redressed by IIED than other intentional torts.

Dickens v. Puryear

P was in an inappropriate relationship with D's young daughter. D violently battered, assaulted, and falsely imprisoned him, but the statute of limitations for those causes of action lapsed. He sued for IIED and court remanded the question of whether IIED caused injuries to the jury.

Littlefield v. McGuffey

P sued landlord D after making severe, racist threats after kicking her out of her home. Court upheld the punitive damages the jury awarded for IIED.

Intentional Tort Defenses

Defenses from liability in intentional torts.

Jury uses circumstantial evidence

Jury uses circumstantial evidence to determine whether P implicitly consented: history of dealings, age, gender, relationship, etc.

Reasonable but mistaken inference of consent

Ds can use consent defense if they mistakenly believe consent was given when P makes an ambiguous statement or action that would make a reasonable person believe they consented.

Inapplicable Uses of Consent

Consent is earned after the act occurs, when D uses it thinking it's P's best interest, but still causes harm, or when P lacks the judgement to consent.

Jurisdictional Issues with Consent

Some jurisdictions require P to prove D did not consent to battery. Some jurisdictions require D to prove P gave an affirmative consent to battery.

Self Defense

A person can commit an intentional tort on another if it is necessary to avoid imminent injuries to oneself arising from another actor's intentional tort.

Applicable Uses of Self Defense

When A is in imminent danger of harm by B; AND, when the B initiates the encroachment on A's person or extended personality; AND, when A's response is reasonable and proportionate to the feared harm.

Inapplicable Uses of Self Defense

When the response to the harm is unreasonable or unproportionate or when you use force to protect property without fear of injury.

Defense of Others

Generally the same rules as self defense.

Reclaim of Property

If an actor can get property back that was taken by someone, they have defense against intentional tort claims, as long as they are reasonable and proportionate in attempting to reclaim the property.

Haussler v. DeLoretto

P sued D for battery after getting in an argument at D's home re: P's dog. D punched P since he thought P was going to hit him. The court dismissed the case due to D acting in self-defense.

Katko v. Briney

P went onto D's abandoned property that had been broken into many times. D created a shotgun trap attached to the door to stop people from entering. Court held D was liable because he was not in imminent danger and acted recklessly.