ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. Police officers for the Defendant City of Kingston took custody of Plaintiff, who was intoxicated, and drove him outside the city limits instead of arresting him. After he was deposited on a golf course, Plaintiff found himself on the New York Thruway, where he was struck by a car and injured. Although he had little or no recollection of the entire evening, Plaintiff sued for false imprisonment.
Synopsis of Rule of Law. Consciousness of confinement is a necessary element of false imprisonment, but recollection of that consciousness is not. It is thus possible to maintain a cause of action for false imprisonment despite lacking any recollection of confinement.
Issue. Did the trial court correctly dismiss Plaintiff’s false imprisonment claim because Plaintiff had no recollection of confinement?
Held. No. The trial court’s decision was reversed to allow a jury to consider whether the Plaintiff was conscious of the confinement at the relevant times. The failure to recall one’s confinement does not mean that one was not conscious of such confinement at the time, which is the relevant question in actions for false imprisonment.
Generally, restraint or detention, reasonable under the circumstances and in time and manner, imposed for the purpose of preventing another from inflicting personal injuries or interfering with or damaging real or personal property in one's lawful possession or custody, is not unlawful.View Full Point of Law