Saturday, February 20, 2010
False arrest story
Those of you familiar with the Prosser Torts textbook might remember Enright v Groves, the case used in the book to illustrate the concept of false arrest. In that case, the plaintiff was arrested after she refused to produce an ID when ordered to do so by a policeman -- which he had no authority to do. I thought of that case when I read a story today about Minnie Carey, then 61, who was arrested, cuffed, and thrown in jail for challenging the authority of a policeman who told her and other women to go away. According to the story, the women were standing outside of a convenience store talking when the cop pulled up in a cruiser and told them to “move it.” Carey replied by asking "why?" and the cop said “because I said so.” She was first held in a patrol wagon and then jail for nine hours. She is a diabetic and went without food until she returned home. She was charged with disorderly conduct. The Citizen Review Board found that the cop falsely arrested Carey. For the full story, click here. Thanks to Prof. Jonathan Turley for the the story. See here.