False Imprisonment and IIED Study Notes

Class Announcements

  • Thursday Consent Reading

    • All reading on consent is assigned from the syllabus.

    • The reading is arranged in a specific order for a reason, despite seeming out of order.

  • Review Session on Intentional Torts

    • Scheduled for Thursday from 4 to 6 PM in the courtroom (7th floor).

    • The review will cover examples from the Restatement.

    • The session will be recorded (audio and video) and slides will be uploaded for later review.

    • The goal is to clarify concepts such as “offensive” contact through Restatement scenarios.

  • Upcoming Review Session After CivPRO Exam

    • Date: Friday, December 12th, from 9 AM to noon in the courtroom.

    • Focus on refreshing knowledge of torts.

Class Goals for Current Session

  • Focus on understanding false imprisonment.

  • Briefly discuss key points of Intentional Infliction of Emotional Distress (IIED).

  • Group discussions with provided examples from the Restatement.

False Imprisonment Overview

  • Definition

    • According to the Restatement, false imprisonment requires:

    1. Intent to confine another - this includes:

      • Actual intent to confine.

      • Constructive intent: knowledge to a substantial certainty another will be confined.

      • Transferred intent: intending to confine one person but mistakenly confining another also leads to a false imprisonment claim.

    2. Fixed boundaries - can be physical or involve threats.

      • Example: A threat with a weapon creates fixed boundaries even if physical barriers do not exist.

      • E.g., being told to enter a specific area under threat of a gun constitutes confinement.

    3. Duration of confinement

      • Mere wrong confinement for a transitory period is insufficient.

      • Cases: In Rogo, a person held for 30 minutes was not deemed false imprisonment; however, more context is necessary for each case.