a. purpose or b. substantial certainty2. Temporary possession of the item or 3. Item is interfered with4. Without permanent depriation or destructionB. Liability is imposed only if the owner suffers harm due to1. Lost use or 2. item is harmedC. If the possessor takes the item in good faith, then no liability.VII.
Intentional Infliction of Emotional Distress
A. Elements1. Intenta. Purpose or b. Substantial certainty or c. Recklessness2. To act extreme and outrageousa. Mere insults are likely not enoughi. Unless they are within the context of an employer-employeerelationship (Taylor) or ii. It is an insult that society would deem extreme and outrageous(Taylor) b. Carried out over time (GTE Southwest) or c. Fiduciary duty between parties (Winkler)3. Causes emotional distress4. That distress is severeB. Presence: The plaintiff must have been present to recover if a family member (Homer), or present + bodily harmed if not a family member 1. Exception: Some circumstances do not require presence because theseverity of the distress is not disputeda. A mother whose child is sexually abused b. Direct family members of a hostage (Bettis)C. Restatement1. Conduct was extreme and outrageous2. intended to cause distress or reckless in risking that distress3. actually cause severe distressVIII.
Civil Rights Violations
A. Elements1. Deprive another (Intent not necessary)a. of a constitutional right2. Under color of state lawB. Must show that the constitutional right was violated in order to have a claim.1. 4
amendment: Unreasonable search and seizure (Brown and Graham)2. 14
amendment: Must “shock the conscience” (Lewis and Alexander)3. 8
amendment: Must actually be cruel and unusual punishment