Dog Bite Memo
Memorandum
|To: |Senior Associate |
|From: |Hung-Yuan, Chiu – Section 2 |
|Date: |October 28, 2012 |
|Re: |Miller v. CIPA |
| |False Imprisonment Litigation; Motion to Dismiss |
QUESTION PRESENTED
Under the Georgia false imprisonment statute, whether Charlene Miller has a valid claim against the Center for Independent Performers and Artists (CIPA) when the security guards (1) searched Charlene suspecting her of having stolen a CD; and (2) confiscated the iPhone for inspection suspecting her illegal recording?
BRIEF ANSWER
Probably no. The Georgia false imprisonment statute requires that the plaintiff must prove, that there is a detention for any length of time and such detention is unlawful. With respect to detention, the security guard’s search of Charlene probably is a detention because the search is against Charlene’s will and she is afraid the force would be used if she did not submit to the search, even though she acquiesced to be searched. Regarding unlawfulness, the shoplifting defense of the owner applied in the instance when the guards checked Charlene for a stolen CD. We may argue that the security guard believed Charlene was committing the offense of shoplifting and the manner and length of detention by the security guard were reasonable. Therefore, the search for stolen a CD does not qualify as unlawfulness; however, an unreasonable belief of suspected shoplifting and racial
|To: |Senior Associate |
|From: |Hung-Yuan, Chiu – Section 2 |
|Date: |October 28, 2012 |
|Re: |Miller v. CIPA |
| |False Imprisonment Litigation; Motion to Dismiss |
QUESTION PRESENTED
Under the Georgia false imprisonment statute, whether Charlene Miller has a valid claim against the Center for Independent Performers and Artists (CIPA) when the security guards (1) searched Charlene suspecting her of having stolen a CD; and (2) confiscated the iPhone for inspection suspecting her illegal recording?
BRIEF ANSWER
Probably no. The Georgia false imprisonment statute requires that the plaintiff must prove, that there is a detention for any length of time and such detention is unlawful. With respect to detention, the security guard’s search of Charlene probably is a detention because the search is against Charlene’s will and she is afraid the force would be used if she did not submit to the search, even though she acquiesced to be searched. Regarding unlawfulness, the shoplifting defense of the owner applied in the instance when the guards checked Charlene for a stolen CD. We may argue that the security guard believed Charlene was committing the offense of shoplifting and the manner and length of detention by the security guard were reasonable. Therefore, the search for stolen a CD does not qualify as unlawfulness; however, an unreasonable belief of suspected shoplifting and racial