Ferrell V. Mikula

One who "causes or directs the arrest of another by an officer without a warrant may be... (opinion)

"Held liable for false imprisonment, in the absence of justification, and the burden of proving that such imprisonment lies within an exception rests upon the person ... causing the imprisonment."

Arresting or procuring the arrest of a person without a warrant constitutes a tort (Opinion)

"Unless he can justify under some of the exceptions in which arrest and imprisonment without a warrant are permitted by law"

Elements of a cause of action for the intentional infliction of emotional distress (opinion)

(1) intentional or reckless conduct (2) that is extreme and outrageous; (3) a casual connection between the wrongful conduct and the emotional distress; and (4) severe emotional distress.

Raquel Ferrell and the parents of Kristie Ferrell sued (Facts)

Ruby Tuesday, Inc. and its manager, Christian Mikula for false imprisonment and intentional infliction of emotional distress.

False imprisonment (interpretation)

Unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty unless there is a legally recognized justification.

2 Torts (Causes of Action) in Ferrell V. Mikula

False Imprisonment, and Intentional Infliction of Emotional Distress

Trial court was thrown out (Ferrell v. Mikula)

False imprisonment was tested in the discovery process

Ferrell sisters asked (Ferrell v. Mikula)

For a summary judgment

Christian Mikula (Facts)

A manager at Ruby Tuesday's who talked with one of his servers (Robert), and they agreed to let the couple not pay for the food bill. He then told a security guard that they had left without paying.

Intentional Infliction of Emotional Distress

An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm.

Mikula also knew the officer was going to detain the people in the car (opinion)

And could have tried to stop him, but made no attempt to do so. Accordingly, the trial court erred in granting summary judgment to the defendants on the plaintiffs' false imprisonment claim.

Manager said "I think that's them" (Ferrell v. Mikula)

And didn't mention specifics of the people.

The only essential elements of the action of false imprisonment (Opinion)

Being the detention and its unlawfulness, malice and the want of probable cause need not be shown.

Ruby Tuesday (the restaurant) didn't argue against false imprisonment (Opinion)

But instead argued that the evidence established sufficient probable cause and the plaintiffs failed to establish that Mikula acted with malice.

(1) intentional or reckless conduct (2) that is extreme and outrageous; (3) a casual connection between the wrongful conduct and the emotional distress; and (4) severe emotional distress

Elements of a cause of action for the intentional infliction of emotional distress (opinion) (term and definition flipped)

In the case of false imprisonment, the party need not (opinion)

Expressly request an arrest, but may be liable if his conduct and acts "procured and directed the arrest."

Sisters were put (Ferrell v. Mikula)

In separate cars during their arrest

False Imprisonment, common law (Ferrell v. Mikula)

Is concerned about the decision of the probate court.

Liability in the case of Ferrell v. Mikula

Is imposed under the tort of infliction of emotional distress for intentional or reckless conduct that is extreme and outrageous and that causes severe emotional distress.

Malice is not an element (Opinion)

Of false imprisonment, and the mere existence of probable cause standing alone has no real defensive bearing on the issue of liability [for false imprisonment].

False Imprisonment, "reasonable" (Ferrell v. Mikula)

Only applies to shoplifting statutes, which vary by state.

Intentional Infliction of Emotional Distress, Recklessness

Or intent are both factors in how a jury decides a case.

Whether a party is potentially liable for false imprisonment by "directly or indirectly urg[ing] a law enforcement official to begin criminal proceedings" (opinion)

Or is not liable because he "merely relates facts to an official who then makes an independent decision to arrest" is a factual question for the jury.

False Imprisonment (Ferrell v. Mikula )

Probate/Reasonable cause, appellate court said there could be this.

Trial court granted (Facts)

The defendants' motion for summary judgment on all counts and the Ferrells appealed.

As the Ferrells have established an unlawful detention (opinion)

The next issue to consider is whether Mikula "caused" the arrest.

False Imprisonment reversed (Decision)

The summary judgment on the claim for intentional infliction of emotional distress is affirmed, however.

False Imprisonment (Opinion)

The unlawful detention of the person of another for any length of time, whereby such person is deprived of his personal liberty.

Ferrells were clearly detained, and although "imprisonment was originally intended (Opinion)

To have meant stone walls and bars, under modern tort law an individual may be imprisoned when his movements are restrained in the open street, or in a traveling automobile.

Raquel Ferrell and Kristie Ferrell (Facts)

Were both pulled over by an officer for not paying their bill at Ruby Tuesday's. The officer then realized that a mistake had been made, and let them go.

Mikula told the officer that the car leaving the parking lot contained people (opinion)

Who left without paying for their food, although he did not know or try to ascertain who was in the car.