P was Fisher v. Carrousel Motor Hotels, Inc. – eating lunch while at a conference hosted at D’s hotel when an individual employed by D snatched plate and declared that a could not be P’s “Negro served in the P was not actually touched, and club.” there was no apprehension of physical injury, but the interaction was highly embarrassing. Court found D liable for battery Words alones are insufficient Exception D knows that P is particularly sensitive to a certain type of contact D put his arm around P and pulled her Spivey v. Battaglia – head toward him in a that “friendly, unsolicited hug” ultimately caused P to suffer from partial facial paralysis. D knew that P was extremely shy and would be uncomfortable because of the contact. Court ultimately ruled in favor of D, but Joyce disagrees with the decision Includes threats to Person Property Economic well-being Family Misc. Words alone are insufficient to justify an assault False Imprisonment (FI) General Rule act done with the intent to cause the direct restraint of the physical liberty of another without D’s adequate legal justification. Important to evaluate P ability to escape or exit the confinement Breakdown The direct restraint Of one person Of the physical liberty Of another Without adequate Legal justification Includes being kept in OR out Elements Intent (Subjective test) Desire Knowledge to a substantial certainty Transferred intent applies Prank or short seizures do not invalidate false imprisonment Act
Fisher v. Carrousel Motor Hotels, Inc. – P was eating lunch while at a conference hosted at D’s hotel when an individual employed by D snatched P’s plate and declared that a “Negro could not be served in the club.” P was not actually touched, and there was no apprehension of physical injury, but the interaction was highly embarrassing. Court found D liable for battery Words alones are insufficient Exception D knows that P is particularly sensitive to a certain type of contact Spivey v. Battaglia – D put his arm around P and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused P to suffer from partial facial paralysis. D knew that P was extremely shy and would be uncomfortable because of the contact. Court ultimately ruled in favor of D, but Joyce disagrees with the decision Includes threats to Person Property Economic well-being Family Misc. Words alone are insufficient to justify an assault False Imprisonment (FI) General Rule D’s act done with the intent to cause the direct restraint of the physical liberty of another without adequate legal justification. Important to evaluate P ability to escape or exit the confinement Breakdown The direct restraint Of one person Of the physical liberty Of another Without adequate Legal justification Includes being kept in OR out Elements Intent (Subjective test) Desire Knowledge to a substantial certainty Transferred intent applies Prank or short seizures do not invalidate false imprisonment Act