Reicheneder v. Skaggs Drug Ctr.

From Conservapedia

In Reicheneder v. Skaggs Drug Ctr., the United States Court of Appeals for the Fifth Circuit affirmed the decision of the United States District Court for the Northern District of Texas, in favor of appellee/plaintiff customer. Appellant sought reversal of the Order of the District Court, which awarded plaintiff damages for malicious prosecution and/or false imprisonment and slander.

Judge Lewis R. Morgan delivered the opinion of the Court, which held as follows:

1) Because the jury did not find malice, the issue malicious prosecution was moot;
2) Since the District Court awarded damages for malicious prosecution and/or false imprisonment, plaintiff's recovery was correct;
3) Texas law defines false imprisonment as the "direct restraint by one person of the physical liberty of another, without adequate legal justification." Reicheneder v. Skaggs Drug Center, 421 F.2d 307, 310 (5th Cir. 1970);
4) In the case at bar, the false imprisonment began when, under false information (albeit good faith), the police took custody of the alleged thief;
5) Recovery based on slander must not be reversed unless there "is clear showing of excessiveness or impropriety on the part of the jury." Id at 313. There was no such excessiveness shown.