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21. In the traveler's action for false imprisonment against the owner, the traveler will
A traveler was passing through the city on a cross-country journey. The traveler was a 75-year-old woman who had white hair and drove a vintage, cream-colored Ford Thunderbird. When the traveler drove into a gas station, the owner of the station thought the traveler must be the robber wanted by the police. After checking the oil at the traveler's request, the owner falsely informed the traveler that she had a broken fan belt, that her car could not be driven without a new belt, that it would take him about an hour to replace it, and that she should stay in his office for consultation about the repair. The traveler was greatly annoyed that her journey was delayed, but she stayed in the owner's office while she waited for her car. The owner telephoned the police and, within the hour, the police came and questioned the traveler. The police immediately determined that the traveler was not the woman, and the traveler resumed her journey without further delay.
The police in a large city notified local gas station attendants that a woman recently had committed armed robberies at five city gas stations. The police said that the woman was approximately 75 years old, had white hair, and drove a vintage, cream-colored Ford Thunderbird. Attendants were advised to call the police if they saw her, but to not attempt to apprehend her. Armed robbery is a felony under state law.
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The confinement or restraint may be accomplished by using physical barriers, physical force, direct or indirect threats of physical force, or where the plaintiff has lawfully come under the defendant's control and it would be impossible to leave without the defendant's assistance, and it was understood by the parties that such assistance would be forthcoming.
Most courts have held that a false imprisonment claim requires the plaintiff to have been aware of the confinement as it is occurring. And typically, there is no requirement of proof of actual damages. However, the Second Restatement § 42 holds that where the plaintiff is unaware of the confinement, a false imprisonment claim will succeed if the plaintiff suffered actual harm.
Acts done under the authority of law are generally privileged. Although this often applies to law enforcement officers, it also applies to citizens in a narrower context. For a private citizen to make an arrest without a warrant when a felony has occurred, two things must be true: (i) a felony must have in fact been committed; and (ii) the private citizen must have reasonable grounds to believe that the person arrested did commit the felony. The privilege is also limited by three factors: the amount of time of the detention, the amount of force used to detain, and the means of restraint must all be found reasonable.
A is correct. The traveler will not prevail in a false imprisonment claim against the owner because the owner's actions were privileged. False imprisonment occurs when the defendant intentionally confines the plaintiff to a bounded area. Here, the owner did restrain the traveler by falsely claiming that she could not drive her car in order to leave the gas station, which was a physical barrier to her ability to leave or «escape.» These actions constituted confinement. However, in a situation where a felony has been committed, a citizen may be privileged in making an arrest if he reasonably believes the person is the guilty party. The citizen's detention of the suspect will be privileged as long as the length of the detention, the amount of force used, and the means of restraint are reasonable. The owner would thus be privileged because the police had notified the owner that armed robberies had been committed at other gas stations, and the description they gave of the suspect closely matched the traveler. And, the owner used no actual physical force in detaining the traveler, nor did he keep her confined for more than an hour. Therefore, he was legally justified in the detention of the traveler by the privilege of the arrest.
B is incorrect. This answer reaches the correct answer with the wrong reasoning. The traveler will not prevail, but not because she did not suffer harm. False imprisonment liability usually does not require a showing of actual injury (unless the plaintiff was unaware of the confinement, in which case actual injury must be shown). As such, the fact that the traveler suffered no harm would not be dispositive in a false imprisonment claim because she was aware that she could not leave the gas station. As stated above, however, she will not prevail because the owner was legally justified by a privilege.
C is incorrect. It is true that the traveler reasonably believed she could not leave the gas station, which would support a successful false imprisonment claim. However, the owner's actions in confining the traveler were privileged and therefore, the false imprisonment claim will not succeed.
D is incorrect. Even though the owner's actions in lying about the car did constitute confinement of the traveler, as explained above, the privilege excuses the owner from legal liability.