Hardy v. LaBelle’s Distributing case brief summary
F: P was working at the D’s store, and was assigned duty as a sales clerk in the jewelry department. The other employee thought that P steal one of the watches in D’s store, and reported to the manager. Later, manager approached to Hardy and told all new employees were given a tour of the store. He showed her into the manager’s office and left, closing the door behind him.
I: Whether D’s detaining P was unlawfully restrained against P’s will under the false imprisonment
[But, tricked. Was confined by physical confinement. Doesn’t have to be confined physically. Abuse of legal authority is confinement. (very very protective of people in this case)
Where there is no actual confinement but taking someone’s important belongings (very frequently become jury’s question)] R: No FI when no threat of force was used to compel the person to stay against his/her will.
A: P admitted that she wanted to stay and clarify the situation. She was not told she could not leave. No threat of force
or otherwise was made to compel her to stay. Also, even under pretence of a tour, she would have followed him
voluntarily if she had known the true purpose of the meeting and that two policemen were in the room.
C: affirmed
F: P was working at the D’s store, and was assigned duty as a sales clerk in the jewelry department. The other employee thought that P steal one of the watches in D’s store, and reported to the manager. Later, manager approached to Hardy and told all new employees were given a tour of the store. He showed her into the manager’s office and left, closing the door behind him.
I: Whether D’s detaining P was unlawfully restrained against P’s will under the false imprisonment
[But, tricked. Was confined by physical confinement. Doesn’t have to be confined physically. Abuse of legal authority is confinement. (very very protective of people in this case)
Where there is no actual confinement but taking someone’s important belongings (very frequently become jury’s question)] R: No FI when no threat of force was used to compel the person to stay against his/her will.
A: P admitted that she wanted to stay and clarify the situation. She was not told she could not leave. No threat of force
or otherwise was made to compel her to stay. Also, even under pretence of a tour, she would have followed him
voluntarily if she had known the true purpose of the meeting and that two policemen were in the room.
C: affirmed
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