Enright Case Brief PDF

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2020 Torts Law I Case Brief - Enright (and notes on false imprisonment)...

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Enright v. Groves Colorado Court of Appeals, 1977 39 Colo.App. 39, 560 P.2d 851,

FACTS Parties: Plaintiff: Enright, Appellee Defendant: Groves, Appellant Procedural History: o o

District Court ruled in favor of the plaintiff for false imprisonment, intentional infliction of emotional distress, and battery Defendant, Groves, is appealing the decision

Relevant Facts: o o o o o

Police officer saw a dog wandering the neighborhood- against “dog leash” ordinance Confirmed dog belonged to Enright’s He demanded the driver’s license from Mrs. Enright who gave her name and address She didn’t produce the drivers license and he told he would bring her to jail if she didn’t He took her to jail- for violation of the leash ordinance- she was convicted of an ordinance violation

Basis for Dispute: ISSUE: Can there be false imprisonment during an arrest made by police? Was Groves’ right in arresting Mrs. Enright? PARTIES’ ARGUEMENTS: Plaintiff: o

Felt he had no right in arresting her for not providing her license or for the dog leash violation

Defendant: o o

Believes he had probable cause to arrest her, bc she was convicted of the dog leash ordinance Feel that her claim for false imprisonment cannot stand and his force used in arresting her was permissible

HOLDING: They affirmed the decision of the courts in favor of Mrs. Enright.

DISPOSITION OF THE COURT: o o o o

The officer only arrested Enright for not producing her license not for the dog ordinance “she would either produce the license or go to jail” Citizen doesn’t have to show drivers license unless they are behind the wheel of a car He never asked for means of identification, only driver’s license

RULE OF LAW: o o

“False arrest arises when one is taken into custody by a person who claims but does not have proper legal authority. W. Prosser, Torts § 11 (4th ed.)” pg. 48 Hushaw v. Dunn o “a claim for false arrest will not lie if an officer has a valid warrant or probable cause to believe that an offense has been committed and that the person who was arrested committed it. Conviction of the crime for which one is specifically arrested is a complete defense to a subsequent claim of false arrest” pg. 48...