Case Study Alicia Jones

Privilege and Confidential/Attorney Client Work Product
1. Introduction
This memo addresses our client, Alicia Jones (Jones), and her belief that she was falsely imprisoned during a carnival held at her school. We have other attorneys working on the technical questions regarding suing a school. This memo will assist in ascertaining whether the school’s actions are legally actionable by addressing whether Jones’ allegations satisfy (1) willful detention and (2) detention without consent, two necessary elements to prove false imprisonment in the state of Texas. ll. Questions Presented
1. Was Jones willfully detained?
2. Was Jones willfully detained without her consent?
III. Brief Answer
In order to establish a prima facie case of false …show more content…
On August 21, 2017, Jones started work as a fourth-grade teacher at Sparks Charter Elementary School, which is a public charter school within H.H.I.S.D. The school is known for its academic rigor and impressive test results. Almost every year, one hundred percent of the students pass the state assessments with ease. It is implied acceptance of the level of pressure students and teachers must withstand and those who cannot handle the pressure and high expectations are quickly removed and assigned to other schools. Every parent and teacher who joins the school signs a “total commitment” pledge, in which the parent and teacher promise to “raise funds, volunteer for at least 10 hours per year, and fully support the school’s mission of achievement.” Jones knew all this when she started at the school. She signed the pledge and was ready to embrace the mission of bringing all her students up to a high level of performance.
The Fall Festival was the school’s largest fund-raiser. Jones’s class had been selected to staff the dunking booth. Every parent and teacher was expected to work for at least two hours at one of the carnival rides or booths. Jones was a little uneasy about the dunking booth, but she wanted to be a team player, so she volunteered for the noon to 2 p.m. time slot. A group of five fifth graders came by. One threw a ball hard at the mechanism. …show more content…
Martinez v. Goodyear Tire & Rubber Co., 651 S.W.2d 18 (Tex. App. 4 Dist. 1983). Again we see the act of “willfully detaining” a person in H.E. Butt Grocery Co. v. Saldivar, 752 S.W.2d 702, (Tex. App. 1988). And yet another example of the “willful” act of detention is seen in Grant v. Stop-N-Go Mkt., Inc., 994 S.W.2d 867, (Tex. App.–Houston [1st. Dist.] 1999). In each of the cases supra, the claimant was asked to stay in a confined area for a period of time. In each case, the request was deliberate, intentional and willful. Additionally, in every case, the intended result of the request and or demand was to restrain the movement of the claimant.
In the case of Jones, she was led to the booth and, as indicated by their actions, the H.H.I.S.D reps’ intent was to have Jones stay in the booth, their actions were deliberate and the intended result was her confinement. One could reference the same cases discussed supra and point out that in all but one of the cases, there was no finding of false imprisonment. I would then argue the partiality of their

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