PJC General Negligence 2022

I NTENTIONAL P ERSONAL T ORTS

PJC 6.1

PJC 6.1

False Imprisonment—Question

QUESTION ______ Did Don Davis falsely imprison Paul Payne ?

“Falsely imprison” means to willfully detain another without legal justifica tion, against his consent, whether such detention be effected by violence, by threat, or by any other means that restrains a person from moving from one place to another. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 6.1 is a broad-form question. See Tex. R. Civ. P. 277. It should be appropriate in most cases involving claims for false imprisonment. See PJC 33.2 regarding broad-form issues and the Casteel doctrine. Source of question and instructions. The three elements of false imprisonment are (1) willful detention, (2) without consent, and (3) without authority of law. Sears, Roebuck & Co. v. Castillo , 693 S.W.2d 374, 375 (Tex. 1985). Privilege to investigate theft. A detention is privileged at law if a person reason ably believes that another has stolen or is attempting to steal property and then detains that person in a reasonable manner and for a reasonable time to investigate ownership of the property. Tex. Civ. Prac. & Rem. Code §124.001. If the facts are so indicated, an instruction relating to this privilege should be given. See PJC 6.3. If the detention is unrelated to an investigation relating to ownership of property, the instruction at PJC 6.3 should not be used. There may be other circumstances of legal justification requir ing appropriate instructions. See, e.g. , Tex. Penal Code ch. 9.

83