Dog Bite Memo - 3149 Words

Memorandum |To: |Senior Associate | |From: |Hung-Yuan, Chiu – Section 2 | |Date: |October 28, 2012 | |Re: |Miller v. CIPA | | |False Imprisonment Litigation; Motion to Dismiss |†¦show more content†¦The lawfulness issue is more complicated, as the shoplifting defense for the purposes of the statute can be successfully applied to defeat claim of false imprisonment. However, an unreasonable belief of suspected shoplifting and racial profiling would leave room for the argument that the Millers have a valid claim. The second issue element in the confiscation of iPhone is not at issue because this was not an instance of shoplifting. Therefore, the only element issue here is detention. Under the rule recognized by Georgia courts, confiscation of Charlene’s phone probably is not a detention. A. The security guard’s searching on Charlene for stolen CD might qualify as a detention, because the search is against Charlene’s will. By the presence of security guards will allow Charlene to argue the search conducted by the security guard is against Charlene’s will and accordingly a fear that force would be used if she did not submit to the search, regardless of the fact Charlene acquiesced to the security guard’s search. Georgia courts acknowledged that a detention need not consist of physical restraint, but may arise out of â€Å"words, acts, gestures, or the like, which induce a reasonable apprehension that force will be used if plaintiff does not submit; and it is sufficient if they operate upon the will of the person threatened, and result in aShow MoreRelatedA Veteran Banned From Military Housing974 Words   |  4 PagesDoberman Pinschers and German Shepherd dogs mark 100 years with the AKC. Both German Shepherds and Dobermans were the Devil Dogs in WWII (Mahood). Both dog breeds have given years of service to the military. Both dogs have been faithful loyal companions and incredibly intel ligent. 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