Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Monday, June 6, 2011

Elements of False Imprisonment Claim

FALSE IMPRISONMENT – CIVIL CAUSE OF ACTION The essential elements of false imprisonment are: (1) willful detention; (2) without consent; and (3) without authority of law. Wal-Mart Stores, Inc. v. Rodriguez, 92 S.W.3d 502, 506 (Tex. 2002) (quoting Sears, Roebuck & Co. v. Castillo, 693 S.W.2d 374, 375 (Tex. 1985)). ―[I]f the alleged detention was performed with the authority of law, then no false imprisonment occurred. Wal-Mart Stores, Inc. v. Resendez, 962 S.W.2d 539, 540 (Tex. 1998). ―Legal authority or legal justification is met either by the procurement of an arrest warrant or by the showing of existence of probable cause. Wal-Mart Stores, Inc. v. Odem, 929 S.W.2d 513, 519 (Tex. App.—San Antonio 1996, writ denied). SOURCE: Beaumont Court of Appeals - 09-10-00587-CV 5/12/11

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