Dillards v Silva - (ii) b. procedural issue: judgment...

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CASE: Dillard Dept Stores, Inc v. Silva Court: Supreme Court of Texas 148 S.W.3d 370 (tex. 2004) Facts a. Plaintiff/Dillards Defendant/Silva b. Silva went to Dillards to exchange three shirts he received as a gift. Before exchanging them he bought three other shirts. A store clerk saw him and reported him for possible shoplifting. Silva was put in handcuffs, detained , and turned over to the Houston police. c. (1) C/A: false imprisonment (2) relief requested: (3) defenses raised: Procedural History: a. Lower court’s ruling(s): in favor of Silva, court of appeals affirmed b. Damages awarded: 13,124.01 mental anguis and court costs, 50,000 for exemplary c. Appellant: Dillards Issues: a. substantive issue (i) was Silva detained in a reasonable manor?
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Unformatted text preview: (ii) b. procedural issue: judgment Disposition (judgment): Modified by deleting the award of exemplary damages and affirmed. Holding: there was evidence to support the actual damages award for false imprisonment Rule of Law or Legal Principle Applied: Shopkeeper’s privilege: allows shopkeeper to detain a person in a reasonable manner which he believes is shoplifting. Reasoning: The defendant testified that the security guard for Dillards threw him to the ground and handcuffed him and threw him down again when the Houston Police came in order to switch out the handcuffs. Court saw this testimony to be unreasonable. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.

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