McCann v. Wal-mart Stores, Inc.
– mere threats (can be implicit or explicit) of physicalforce can suffice; confinement can also be based on a false assertion of legal authority toconfine.
IV.Torts to Property
Trespass to Land
– R2T §158: A trespasser is liable, even if no harm is caused, if heintentionally (a) enters another’s land or causes a thing or person to, or (b) remains on the land,or (c) fails to remove from the land a thing which he is under a duty to remove.
Trespass to Chattels
– R2T §217: (Chattels are personal property). Trespass to chattels is theintentional dispossession, use or intermeddling of another’s chattel. With trespass to chattels,you
must show actual damages
Conversion of Chattels
– R2T §222A: Conversion is when property is interfered with theowner’s control of it in a “complete or very substantial” way, and owner can get the value (butnot the thing back). Factors in determining the extent of interference and if actor must pay back owner: (a) extent & duration of actor’s control over chattel, (b) actor’s intent to take awayowner’s control, (c) actor’s good faith, (d) harm done to chattel, (e) inconvenience & expensecaused to the owner.
V.Forcible Harms as Civil Rights Violations
The §1983 Claim (Summary): Every person shall be liable to the party injured under thefollowing circumstances: (1) when that person deprives the party of any rights, privileges, or immunities secured by the Constitution and (federal) laws, and (2) does so under color of state or other local law.
Yang v. Hardin
– forcible harm against Yang by police officer Brown. Hardin there butdidn’t interfere. D’s failure to interfere deprived Yang of his civil rights.
Brown v. Muhlenberg Township
– D (police officer) shot and killed P’s dog, who was not posing any imminent danger. Unreasonable seizure within the meaning of the 4
amendment.B.Exemplars of Constitutional Violations
4th Amendment - The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures
14th Amendment - no deprivation of life, liberty or happiness without due process
8th Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
County of Sacramento v. Lewis
– suspect killed in police chase. P alleges rights under 14
amendment. No intent to injure; recklessness insufficient to show a due process violation.
VI.Affirmative DefensesA.Protecting Against the Apparent Misconduct of the Plaintiff
– R2T §70: There must be an
threat of harm to trigger the self-defense privilege. You must have a reasonable belief that force is necessary, but you can be mistaken. You can use reasonable force in amount and duration based on thecircumstances to protect your person.
The force you use must be
in some sense.2.Words are insufficient provocation to trigger the privilege of self-defense becauselanguage doesn’t constitute assault.
You can only use deadly force to counter deadly force.