Parvi v. City of Kingston case brief summary
F: Cause of action : false imprisonment
Police found two brothers engaged in a noisy quarrel in an alley behind a commercial building, and all three were showing
the effects of alcohol. Police had no place to go, so rather than arrest him, they took him outside the city limits to an abandoned golf course to dry out.
I: Whether P being in the state of drunkenness was conscious of his confinement at the time when Police took him when establishing false imprisonment.
[Can a plaintiff where there is no immediate recollection, nevertheless proves the the conscious of confinement? YES. Because, there is no requriement of present recollection.
The place of confinement: police car against his will. To get damages being hit by the car. Prove relationship, between
false imprisonment and being hit by car.
If Golf course is the place of confinement, it is easy to prove the damage hitting by the car. (golf course is surrounded by dangerous highways) rather than claiming that the place of confinement is police car. Not only being psychologically being locked in the confinement but also the physical injury being hit by the car.]
R: P being in the state of drunkenness was conscious of his confinement at the time when Police took him when establishing false imprisonment. Or D is not liable for FI when P was not aware of the confinement at the time it occurs.
F: Cause of action : false imprisonment
Police found two brothers engaged in a noisy quarrel in an alley behind a commercial building, and all three were showing
the effects of alcohol. Police had no place to go, so rather than arrest him, they took him outside the city limits to an abandoned golf course to dry out.
I: Whether P being in the state of drunkenness was conscious of his confinement at the time when Police took him when establishing false imprisonment.
[Can a plaintiff where there is no immediate recollection, nevertheless proves the the conscious of confinement? YES. Because, there is no requriement of present recollection.
The place of confinement: police car against his will. To get damages being hit by the car. Prove relationship, between
false imprisonment and being hit by car.
If Golf course is the place of confinement, it is easy to prove the damage hitting by the car. (golf course is surrounded by dangerous highways) rather than claiming that the place of confinement is police car. Not only being psychologically being locked in the confinement but also the physical injury being hit by the car.]
R: P being in the state of drunkenness was conscious of his confinement at the time when Police took him when establishing false imprisonment. Or D is not liable for FI when P was not aware of the confinement at the time it occurs.
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