Wrongful Imprisonment Petition Elements and State Petition Standards

Question

Applicable Standard For Evaluating The Allegations In The Complaint

The elements of a cause of action for deprivation of liberty are:

(1) knowingly or knowingly;
(2) to imprison or bind a person by deed or word;
(3) in an enclosed area or without reasonable means of escape;
(4) Victims must be aware of their placement at the time of restraint. (5) the victim did not or did not consent to the placement;

Plaintiff’s complaint alleges that:

-On June 1, 2021, Smith went to work as usual.
-As she was walking to the bus stop, two men jumped out of the van and kidnapped Smith.
-The men violently grabbed Ms. Smith and threw her into her van.
-The men drove the van and Smith to an undisclosed location, where Smith was made to sit in a chair in her room. The men gathered young Latino kids to fill out ballots for Joe Biden by Latino Smith in the 2020 election, and sent those fake ballots to local ballots to be tallied after the polls closed. He accused me of bringing him to the place.
-Mr. Smith denied that he knew about or had done such voter fraud.
-Smith asked for his release.
-The men told Mr. Smith that he could leave at any time, but that he should inform him that other men were searching the house where his wife and children were.
-The men also told Smith they would arrange for Smith and his family to be deported to Mexico if they did anything that would hinder their efforts to expose and remedy voter fraud. . Smith said he is a US citizen and cannot deport them or his family.
-The men laughed and mocked Smith.
-The men said, “Everyone says that.”
-One of them got a call and the men rushed out of the room.
-It’s been a long time.
-Smith nervously stood up, looked around the room, and explored the rest of the building. The men were nowhere to be found.
Mr. Smith went out, waved to a passerby on the street, and used the passerby’s mobile phone to call his wife, who picked him up.
-Smith eventually learned their identities and filed a civil suit claiming wrongful imprisonment. The law firm you work for was hired by two men who allegedly wrongfully imprisoned Smith. Partner is asking you to consider the above-mentioned Federal Argument Standard Complaint complaint (this is a diversity action) for false imprisonment claims. Please answer as follows.

Provide applicable criteria for evaluating the allegations in the Complaint. (up to 100 words)

For each claim, establish how the claim (or portion of the claim) will be evaluated by the court in deciding the application, subject to applicable explanatory standards. For any or all of the claims that the court does not consider, state why the court does not consider them. (Responses must be short, so there is no character limit. Feel free to create a table to organize your answers.)

If we file a motion to dismiss the lawsuit on their behalf, how will the court rule on that motion? Please justify your answer. (up to 250 words)

Assuming the motion to dismiss was denied, discovery proceeded in accordance with her FRCP, consisting primarily of testimony from parties and witnesses, and is now complete. A discovery provides the following information:

Smith’s statement:

1. He was taken to the building and rooms.
2. The men first took him into the room and then left.
3. He was alone in his room then. His eyesight was never impaired or impaired.
4. They were not in the room when the two spoke to Smith.
5. Both men spoke with Mr. Smith, but I do not remember who commented on allegations 8 or 9 in the complaint.
6. The room had 3 doors, all open.
7. No one visibly threatened him with any gesture or weapon. No one physically held him back.
8. Nothing changed between the time he arrived in the room and the time he left, except that the two men stopped talking to him.

Statement of Man 1:

1. He was neither in the building nor in the room with Smith.
2. He never threatened Smith.
3. The building had no residents other than Smith. Smith could leave at any time.

Man 2 says:

1. He showed Smith around the building and rooms.
2. He never told Smith that he couldn’t walk.
3. Smith’s head was never covered.
4. Smith was free to leave at any time. After escorting Smith to his room, Man 2 left the building.
5. Man 2 and Man 1 were on the phone with Smith as they drove away.
6. Her phone was hooked up to her system of speakers in the room Smith was in.
7. At your superior’s request, you file a motion for summary judgment, alleging that Smith’s testimony does not support elements 3 and 4 of the wrongful imprisonment petition.

What reasonable criteria should a court of first instance use in evaluating a defendant’s motion for summary judgment? Consider all applicable rules. (up to 250 words)

In response to your request for summary judgment, Smith has enclosed the following documents:

• A signed letter from Smith’s doctor stating that he had seen Smith, that he often woke up in the middle of the night pleading, “I don’t want to be deported,” and his expert opinion as a doctor. … believes Smith’s statement to be credible.
• Smith’s affidavit stating that he did not think he would be able to leave the room because of men’s threats and deportation against his family.
• A note Smith found on the floor of the room read, “Always leave the door open.”
  Should the court consider these annexes when deciding a motion for summary judgment? (250 word maximum)

Apply the criteria for answering question 1d to the findings and documents that you believe should be considered.