Dog Bite Memo Essay Sample

Under the Georgia false imprisonment legislative act. whether Charlene Miller has a valid claim against the Center for Independent Performers and Artists ( CIPA ) when the security guards ( 1 ) searched Charlene surmising her of holding stolen a Cadmium ; and ( 2 ) confiscated the iPhone for review surmising her illegal recording?

BRIEF ANSWER

Probably no. The Georgia false imprisonment legislative act requires that the complainant must turn out. that there is a detainment for any length of clip and such detainment is improper. With regard to detainment. the security guard’s hunt of Charlene likely is a detainment because the hunt is against Charlene’s will and she is afraid the force would be used if she did non subject to the hunt. even though she acquiesced to be searched. Sing unlawfulness. the shrinkage defence of the proprietor applied in the case when the guards checked Charlene for a stolen Cadmium. We may reason that the security guard believed Charlene was perpetrating the discourtesy of shrinkage and the mode and length of detainment by the security guard were sensible. Therefore. the hunt for stolen a Cadmium does non measure up as unlawfulness ; nevertheless. an unreasonable belief of suspected shrinkage and racial profiling would let the complainant to reason that the detainment was unlawful and Charlene should retrieve. However. the arrogation of Charlene’s iPhone likely does non measure up as detainment. because Charlene chose to stay at the events centre and there was no restraint either by force or fright.

FACTS AND PROCEDURAL HISTORY

On March 5. 2012. a seventeen-years-old Afro-american Charlene Miller and two friends attended a concert held by CIPA at its complex near Atlanta. After the concert. as Charlene was go forthing the installation. she was stopped by a private security guard. The guard told Charlene that based on observations of her behaviour. she was suspected of holding stolen a Cadmium. Charlene denied stealing anything. but acquiesced in his petition to inquire her to be searched. Another female guard so searched her jacket and checked her pocketbook. No stolen Cadmium was found. But the iPhone found in her jacket was confiscated and inspected for possible illegal recording. The guard told Charlene it would take a few hours for review and she could wait or return the following twenty-four hours to recover her phone.

Charlene chose to wait and remain in the complex’s security office because she was worried that no transit was available for returning to Atlanta the following twenty-four hours. After four hours waiting. the phone was returned and no illegal recording was found. The security guard was employed by Zero Tolerance. Inc. ( ZTI ) . which are hired by CIPA to supply security during concerts and other events. It is said in the ailment that all of the adolescents. whose phones had been confiscated. including Charlene. were individuals of colour. The Millers sued CIPA in Georgia Superior Court in Atlanta for false imprisonment and claimed for compensatory amendss of 100. 000 USD every bit good as other costs and fees. CIPA filed the gesture to disregard for failure to province a cause of action upon for alleviation can be granted.

APPLICABLE STATUTE

Definition of false imprisonment:

False imprisonment is the improper detainment of the individual of another. for any length of clip. whereby such individual is deprived of his personal autonomy.

O. C. G. A. § 51-7-20 ( accent added )

Whenever the proprietor or operator of a mercantile constitution or any agent or employee of the proprietor or operator detains. apprehensions. or causes to be detained or arrested any individual moderately thought to be engaged in shrinkage and. as a consequence of the detainment or apprehension. the individual so detained or arrested brings an action for false apprehension or false imprisonment against the proprietor. operator. agent. or employee. no recovery shall be had by the complainant in such action where it is established by competent grounds: ( 1 ) That the complainant had so conducted himself or behaved in such mode as to do a adult male of sensible prudence to believe that the complainant. … . was perpetrating the discourtesy of shrinkage. … ; or ( 2 ) That the mode of the detainment or apprehension and the length of clip during which such complainant was detained was under all the fortunes sensible.

O. C. G. A. § 51-7-60 ( accent added )

Discussion

The Georgia false imprisonment legislative act contains two elements to set up a valid claim: ( 1 ) there was a detainment. for any length of clip ; and ( 2 ) this detainment was improper. Wallace v. Stringer. 553 S. E. 2d 166. 169 ( Ga. Ct. App. 2001 ) . There are two cases of possible false imprisonment in this instance: when the guards searched Charlene for a stolen Cadmium ; and when the guards confiscated the iPhone in her ownership. The two elements at issue in the first case are detainment and lawfulness ; I discuss these in bend. Under the regulations recognized by Georgia tribunals. the guard seeking Charlene’s jacket and look intoing Charlene for a stolen Cadmium likely is a detainment. The lawfulness issue is more complicated. as the shrinkage defence for the intents of the legislative act can be successfully applied to get the better of claim of false imprisonment. However. an unreasonable belief of suspected shrinkage and racial profiling would go forth room for the statement that the Millers have a valid claim. The 2nd issue component in the arrogation of iPhone is non at issue because this was non an case of shrinkage. Therefore. the lone component issue here is detainment. Under the regulation recognized by Georgia tribunals. arrogation of Charlene’s phone likely is non a detainment.

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A. The security guard’s seeking on Charlene for stolen Cadmium might measure up as a detainment. because the hunt is against Charlene’s will.

By the presence of security guards will let Charlene to reason the hunt conducted by the security guard is against Charlene’s will and consequently a fright that force would be used if she did non subject to the hunt. regardless of the fact Charlene acquiesced to the security guard’s hunt. Georgia tribunals acknowledged that a detainment need non dwell of physical restraint. but may originate out of “words. Acts of the Apostless. gestures. or the similar. which induce a sensible apprehensiveness that force will be used if complainant does non subject ; and it is sufficient if they operate upon the will of the individual threatened. and consequence in a sensible fright of personal trouble or personal injuries” . William claude dukenfields v. Kroger Company. 414 S. E. 2d 703 ( Ga. Ct. App. 1992 ) . In J. H. Harvey Co. V Speight. 344 S. E. 2d 701 ( Ga. Ct. App. 1986 ) . the tribunal held that if person agrees of his ain free pick to give up his freedom of gesture. as by staying in a room or attach toing the suspect voluntarily. to clear himself of intuition or to suit the desires of another. instead than giving to the restraint of a menace. so there is no imprisonment.

Id. at 702. As a consequence. the tribunal concluded that a 45-second brush with director and employees of supermarket. in which director asked if client had anything that did non belong to him and parted customer’s jacket with his custodies to see if anything was concealed at that place. did non set up nonvoluntary restraint of client. where client admitted that he invited hunt by director. and. therefore. client could non retrieve for false imprisonment. Id. However. in Mitchell v. Lowe’s Home Centers. Inc. . 506 S. E. 2d 381 ( Ga. Ct. App. 1998 ) . the tribunal held that a client accompanied the store’s director to his office voluntarily. while resulted in a sensible fright on the portion that the client was non free to go forth the manager’s office without sing personal troubles. constituted “detention. ” Id. at 384. Therefore. analysing the restraint against one’s will. either restraint against one’s will without consent or fright and consent. sums to detainment.

The guard’s hunt of Charlene for a stolen Cadmium might represent detainment for the intent of above regulations under both Fields and Mitchell. regardless of the fact Charlene acquiesced to the hunt. First. under William claude dukenfields. Charlene can demo that she was detained if she was restrained against her ain will. Since a restraint may dwell in words. Acts of the Apostless. or gestures that lead the complainant moderately to grok that if they do non subject to the suspect force will be used. Second. it could be argued that Charlene acquiesced to the petition to be searched and that the cooperation with the security guard was non against her will.

However. with the presence of the guard’s size and enforcing mode. Charlene might still reason the hunt is against Charlene’s will because of fright that force would be used if she did non subject to the hunt. and forced her decide to assent to the hunt and cooperate with the guard. Under Mitchell. it is possible that she was frightened by the presence of security guards and heightened degree of security at the concert. This resulted in a sensible fright that Charlene was non free to go forth the concert without sing personal troubles. There was. in this regard. arguably a fright that force would be used if Charlene did non subject to the hunt. Therefore. the security guard’s searching of Charlene for a stolen Cadmium was a detainment. Having addressed detainment. I now turn to lawfulness.

B. The Millers might non hold a strong statement against CIPA because the shrinkage defence applied and security guard’s hunt is non improper.

Although under the Georgia legislative act. the store proprietor could successfully utilize the shrinkage defence to get the better of plaintiff’s claim of false imprisonment. it is improbable for Charlene to reason that the racial profiling that all of the adolescents whose phones had been confiscated. including Charlene. were individuals of colour would let Charlene to retrieve. Shoplifting defence under the legislative act required the shop proprietor to demo that the frequenter had conducted herself in such a mode as to do a individual of sensible prudence to believe that she was shoplifting and to demo that the mode of the detainment of the frequenter and the length of clip of the patron’s detainment was sensible under all of the fortunes. K-Mart Corp. v. Adamson. 386 S. E. 2d 680. 682 ( 1989 ) . With regard to the sensible cause to believe the complainant was engaged in shoplifting. in Brown v. Winn-Dixie Atlanta. Inc. . 389 S. E. 2d 530 ( Ga. Ct. App. 1989 ) . a adjunct food market shop director had cause as moderately prudent individual to believe that client had non paid for point she had selected from shop delicatessen. where client had gone twice to deli in infinite of a few proceedingss. transporting other food markets. and had made three shopping raids in about 20 proceedingss.

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The tribunal held that the shop director had cause as a moderately prudent individual to believe that complainant had non paid for the fret. However. in Walmart Stores. Inc. v. Johnson. 547 S. E. 2d 320 ( Ga. Ct. App. 2001 ) . jury found that section shop forces physically detained. arrested. and prosecuted client on intuition of shop-lifting merely because she was a black female. despite corroborating that she was non involved with group of boosters. As a consequence. the tribunal held that the client was entitled to punitory amendss of $ 250. 000 on happening that section shop was apt for false imprisonment and other charges. Id. at 326. Therefore. analysing on intuition of shoplifting merely because of colour. it could be argued that there is no sensible cause to believe the complainant was engaged in shrinkage.

In this instance. when Charlene was stopped by the guard. the guard told that Charlene was suspected of holding stolen a Cadmium from the band’s ware tabular array based on her behaviour. Although the guard didn’t uncover what sort of behavior Charlene acted such as the illustration under Brown. we may reason that he didn’t fishy Charlene without any footing. instead. he exercised his responsibility of protecting the security in this country. Under Walmart. Charlene likely may reason that the guard suspected her simply because of her colour. which was decidedly favoritism against coloured people. However. we may reason that the guard had good ground and experience to explicate his observation of Charlene as a footing of sensible suspect. In other words. what sort of Charlene’s behaviour established a sensible footing on which the guard suspected Charlene holding stolen a Cadmium? Did Charlene move abnormally from ordinary people? Did Charlene look to take any point in this country and set it in her jacket or pocketbook?

Did Charlene hold done anything which revealed that she might be involved in shoplifting? All these factors are critical to find if the guard had sensible footing to surmise Charlene committed shrinkage or non. Sing the mode and the length of clip of detainment. for illustration. in Estes v. Jack Eckerd Corp. 360 S. E. 2d 649 ( Ga. Ct. App. 1987 ) . the complainant was subjected to a five or ten proceedingss “detention” in the unfastened. during which the points in plaintiff’s shopping bag were separately tested for the presence of the electronic antitheft detector and after which plaintiff’s bag was returned to her and she was free to go forth. As a consequence. the tribunal held this process was sensible. Similarly. in Mitchell v. Walmart Stores. Inc. 477 S. E. 2d 631 ( Ga. Ct. App. 1996 ) . the defendant’s employee ne’er placed a manus on plaintiff’s individual but merely took her shopping bag. and during which complainant was ne’er accused of larceny. The tribunal held that the mode and continuance of subsequent detainment of client was sensible. Id. at 632. Therefore. a five to ten proceedingss hunt of shopping bag. and without puting a manus on plaintiff’s individual shows the mode of the detainment of the frequenter and the length of clip of the patron’s detainment was sensible.

Although it is true that the detainment caused incommodiousness and embarrassment to Charlene. doing embarrassment is non the same as improper imprisonment. The length of clip and the mode of security guard’s hunt on Charlene was non unreasonable under both Estes and Mitchell. First. a female guard conducted the hunt and the guard merely searched the jacket pockets. and looked into her pocketbook. which is moderately in connexion with the hunt of Cadmium. Furthermore. after the hunt and no stolen Cadmium was found. Charlene was free to go forth. regardless of the fact that she chose to wait for retrieve her iPhone.

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Therefore. We may reason the grounds sufficient to back up the decision that Charlene was non detained unreasonably. Even if Charlene was detained by the guard. we may reason that the detainment wasn’t improper when Charlene was searched because of intuition of holding stolen Cadmium. Sing the ailment that all of the adolescents whose phones had been confiscated. including Charlene. were individuals of colour. because the racial profiling issue was so critical. it leaves room for the Glenn millers to reason that the security guard unreasonably believed that Charlene was engaged in shrinkage and the Glenn millers should still hold a valid claim against CIPA. However. me may support that the guard had sensible footing to surmise Charlene committed shrinkage.

C. Security guard’s arrogation of Charlene’s phone for review is non a detainment.

Although the Georgia tribunals discussed whether the detainment of a person’s belongings is the detainment of the individual. non any words. Acts of the Apostless or gestures against Charlene’s will let us to reason that there is no detainment. Georgia tribunals recognized of detainment could include the pickings of the plaintiff’s belongings. In Burrow v. K-Mart Corp. . 304 S. E. 2d 460 ( 1983 ) . the complainant had purchased two lamps which were non in their original boxes. The shop saluter took the boxes to seek them and demanded to reexamine the reception. The Court determined that “ [ T ] he exercising of rule over the belongings serves besides to exert rule over the individual having such belongings. ” and that a jury issue was created as to whether the greeter’s words and Acts of the Apostless “ [ acted ] upon the plaintiff’s will so as to keep her. ” Id. at 465. As a consequence. the tribunal held that shop client was told by shop employee who had merely checked boxes client was transporting out of shop that “she could travel. ” was sufficient to prolong happening that shop falsely imprisoned client.

Id. Although Georgia tribunal discussed whether the detainment of a person’s belongings is the detainment of the individual. there was no restraint against Charlene either by force or fright. Under Burrow. the arrogation of the iPhone does non function to exert rule over Charlene because she is still free to go forth or return to recover her iPhone. Although she eventually waited in the security officer because that all eating houses and shops in this country were closed and being afraid of sitting in the dark parking batch with her friends. this determination was made out of her ain will. Furthermore. Charlene was allowed to return place. It is out of her personal willing that she determined to wait at her will. There is no grounds demoing that the guards exerted any physical or similar restraint against Charlene’ will nor she was frightened by the words. Acts of the Apostless or gestures of security guards. Because there was no fright that force would be used if Charlene did non consent of arrogation. the arrogation of the iPhone besides does non represent detainment under Mitchell 506 S. E. 2d at 384. Consequently. her will wasn’t restrained. Since the arrogation of iPhone does non represent exercising rule over Charlene and there was no fear nor force against Charlene’s will. the security’s guard impounding Charlene’s iPhone for review was non a detainment. Decision

In amount. Charlene’s claim against CIPA for false imprisonment will likely neglect. The security guard didn’t enforce physical restraint or any other physical restraint against Charlene. nevertheless the fright and her acquiesce of hunt may be argued a restraint against her will and represent detainment. Furthermore. we may reason that the guard’s seeking on Charlene based on Charlene’s dubious behaviour was sensible prudence to believe that she was shoplifting. and the mode and the length of hunt was besides sensible. therefore the detainment wasn’t improper. Although Charlene may reason that the security guard have engaged in racial profiling at the concert. we may strongly support that the guard had a good ground and experience to explicate his observation of Charlene as a footing of sensible suspect. Last. the arrogation and the review on Charlene’s iPhone was non a detainment because her will wasn’t reticent and waiting in the security office was her consideration of personal involvements. As a consequence. Charlene wasn’t detained by the security guard. Therefore. at the hearing. we can reason that the Millers do non hold a valid claim against CIPA and the justice should allow CIPA gesture to disregard for the failure to province a claim upon which alleviation can be granted.