PJC General Negligence 2022

I NTENTIONAL P ERSONAL T ORTS

PJC 6.3

PJC 6.3

False Imprisonment—Instruction on Defense of Privilege to Investigate Theft

When a person reasonably believes that another has stolen or is attempting to steal property, that person has legal justification to detain the other in a reason able manner and for a reasonable time to investigate ownership of the property.

COMMENT When to use. PJC 6.3 is appropriate in false imprisonment cases if the alleged detention relates to a person’s investigation of ownership of property. Tex. Civ. Prac. & Rem. Code §124.001. This privilege, as defined in the Code, is an affirmative defense that must be pleaded by the defendant. It should be used in conjunction with the broad-form question at PJC 6.1. Source of instruction. PJC 6.3 is derived from Sears, Roebuck & Co. v. Castillo , 693 S.W.2d 374, 375 (Tex. 1985), and Tex. Civ. Prac. & Rem. Code §124.001. See also Dillard Department Stores, Inc. v. Silva , 148 S.W.3d 370, 372 (Tex. 2004).

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