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Case Citations [i] (Fall 2025)

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                           THE AMERICAN


                             LAW INSTITUTE



                                    Fall 2025 Citations



TORTS 3D: INTENTIONAL TORTS TO PERSONS

                                   (DRAFTS)



           Chapter 1. Definitions of Intentional Torts to Persons; Transferred Intent

§ 8. False Imprisonment: What Constitutes a Confinement

C.A.9, 2024. Rptr's Note quot. in sup. (T.D. No. 3, 2018). Protestors filed a § 1983 class action against
city and police department, alleging, inter alia, that police offers' use of chemical irritants in dispersing
protestors during a political protest violated plaintiffs' Fourth Amendment rights against unreasonable
searches and seizures. The district court granted in part defendants' motion for summary judgment,
declining to determine the issue of whether the use of force in connection with the deployment of
chemical agents involved a seizure within the meaning of the Fourth Amendment. This court affirmed
in part and remanded, holding that an objective intent to restrain for Fourth Amendment purposes
referred to measures that objectively aimed to detain a person. The court cited Restatement Third of
Torts: Intentional Torts to Persons § 8 in noting that the exclusion from a place, even if wrongful, did
not generally constitute confinement. Puente v. City of Phoenix, 123 F.4th 1035, 1052.

















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