Dog Bite Memo Essay

3145 Words Jan 15th, 2013 13 Pages
Memorandum

|To: |Senior Associate |
|From: |Hung-Yuan, Chiu – Section 2 |
|Date: |October 28, 2012 |
|Re: |Miller v. CIPA |
| |False Imprisonment Litigation; Motion to Dismiss |
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O.C.G.A. § 51-7-20 (emphasis added)

Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence: (1) That the plaintiff had so conducted himself or behaved in such manner as to cause a man of reasonable prudence to believe that the plaintiff, …, was committing the offense of shoplifting, …; or (2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

O.C.G.A. § 51-7-60 (emphasis added)

DISCUSSION

The Georgia false imprisonment statute contains two elements to establish a valid claim: (1) there was a detention, for any length of time; and (2) this detention was unlawful. Wallace v. Stringer, 553 S.E.2d 166, 169 (Ga. Ct. App. 2001). There are two instances of potential false imprisonment in this case: when the guards searched Charlene for a stolen CD; and when the guards confiscated the iPhone in her possession. The two elements at issue in

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