Texas-Book-Gun Law Armed And Educated - Flipbook - Page 413
for “false imprisonment.” Texas recognizes a civil claim for false
imprisonment. This claim can arise when someone detains a person
while waiting for the police (e.g., homeowners detaining burglars,
etc.). However, it can also come up commonly in shoplifting cases
(see Chapter 10). The elements of false imprisonment are:
1) a willful detention;
2) without consent; and
3) without justification or authority of law. Dangerfield v. Ormsby,
264 S.W.3d 904 (Tex. App.—Fort Worth 2008, no pet).
EXAMPLE:
Elizabeth fears she is about to be attacked in a grocery store
parking lot by Richard. Richard follows her step-by-step through
the parking lot and stops right next to Elizabeth’s car. Elizabeth
draws her .380 and tells Richard to “stay right there while I call
the police.” Richard complies, and Elizabeth holds him at gunpoint
until the police arrive. When the police arrive, they determine
that Richard was an out-of-uniform store employee tasked with
rounding up the grocery carts in the parking lot and was no threat
to Elizabeth.
If a jury determines that Elizabeth acted without justification (i.e.,
she was not reasonably in fear of bodily injury or death), Elizabeth
could be civilly liable for falsely imprisoning Richard and may owe
him damages.
4. Wrongful death
If a person is in the unfortunate position of having shot and killed
another individual and a civil suit occurs because of the shooting,
it likely will include a claim for wrongful death. In Texas, “[a]
person is liable for damages arising from an injury that causes
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