I. Introduction Our client, Alicia Jones (“Jones”), believes that she was unfairly kept in the dunking booth at the Sparks Charter Elementary School’s Fall Festival. Jones’ss class was selected to work the dunking booth during the festival. Jones volunteered for the noon to 2 p.m. time slot. With twenty minutes left in her shift, Jones decided she wanted to leave the dunking booth. After a brief conversation with the school’s principal, Fred Flin (“Flin”), Jones decided to finish her shift. This memorandum addresses whether Jones’s allegations satisfies the two elements willful detention and without consent of a false imprisonment claim under Texas law. Given that Jones wanted to end her volunteer shift early, but feared a bad performance evaluation if she did not remain in the dunking booth, a court will likely find Jones’s allegations satisfies both the willful detention and the without consent elements of a false imprisonment claim under Texas law.
II. Question Presented
Whether Jones’s allegations satisfy the two elements willful detention and without consent of a false imprisonment claim under Texas law where, she wanted to end her two-hour volunteer shift early, but feared a bad performance evaluation if she didn’t complete her…show more content… A detention may be accomplished by violence, threats, or by any other means that restrain a person from moving from one place to another. Randall’s Food Mkts. v. Johnson, 891 S.W.2d 640, 645 (Tex. App. 1999). Where it is alleged that a detention is effected by a threat, one must demonstrate that the threat would inspire in the threatened person a just fear of injury to his person, reputation, or property. Id. at 645. Threats to call the police are not ordinarily sufficient in themselves to effect an unlawful imprisonment. Fojtik v. Charter Med. Corp., 985 S.W.2d 685, 629 (Tex. App.
