Enright v Groves - emotional distress $1500 actual and...

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CASE: Enright v. Groves Court: Court of Appeals of Colorado 560 P.2d 851 (Colo. Ct. App. 1977) P106 (torts) SMITH Facts a. Plaintiff/Enright Defendant/Appellant/Groves b. Dog was loose in the neighborhood. Groves, a police officer, asked plaintiff’s son to get the dog inside after verifying that the dog was his. The policeman then went to Plaintiff and asked for a driver’s license. When the plaintiff did not comply defendant threatened to take her to jail for failing to produce identification. Defendant grabbed ahold of Plaintiff, threw her to the ground, and arrested her. c. (1) C/A: False imprisonment, intentional infliction of emotional distress, and battery (2) relief requested: N/A (3) defenses raised: that the plaintiff was arrested and convicted for failure to comply with the dog ordinance. Procedural History: a. Lower court’s ruling(s): in favor of Plaintiff b. Damages awarded: False imprisonment: $500 actual and $1000 exemplary, intentional infliction of
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Unformatted text preview: emotional distress: $1500 actual and $3000 exemplary, and battery: $500 actual and $1000 exemplary. c. Appellant: Groves Issues: a. substantive issue (i) Was this a case of false imprisonment? b. procedural issue: Appellant contends that he was within his rights. Disposition (judgment): Affirmed. Holding: Groves demand for Mrs. Enright’s DL was not a lawful order that refusal to comply therewith was not therefore an offense in and of itself. Groves was not right in arresting Enright. Rule of Law or Legal Principle Applied: False arrest arises when one is taken into custody by a person who claims but does not have proper legal authority. Reasoning: Grove arrested Enright for refusing to produce DL not the dog ordinance. This is not within the law. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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