Enright v. Groves

Colorado Court of Appeals · 1977 · Torts

TortsFalse imprisonmentFalse arrestOutrageous conductBatteryExemplary damagesfalse arrestfalse imprisonment

Facts

Officer Groves saw a dog running loose in violation of the city leash ordinance and learned from plaintiff's son that it was their dog and that plaintiff was nearby in a parked car. When plaintiff approached and asked if she could help, Groves demanded her driver's license; after she gave her name and address but refused to produce the license, he told her she could either produce it or go to jail. Groves then grabbed her arm, refused to release her despite her cries of pain and explanation that her arm dislocated easily, threw her to the ground after she struck him, handcuffed her, and only then told her she was under arrest. At the station she was charged with the dog leash violation, posted bail through a friend, and was later convicted of that ordinance violation.

Issue

Whether plaintiff's false arrest claim failed because she was later charged with and convicted of the dog leash ordinance violation, where the officer had actually arrested her for refusing to produce her driver's license. Whether the evidence also supported liability for outrageous conduct and exemplary damages.

Rule

False arrest arises when a person is taken into custody by one who claims but lacks proper legal authority. A false arrest claim will not lie if the officer has a valid warrant or probable cause to believe an offense has been committed and the arrestee committed it, and conviction of the crime for which one is specifically arrested is a complete defense. But refusal to comply with a police demand that is not a lawful order is not an offense, and an officer is not entitled to use force to arrest on that basis. For outrageous conduct, liability exists when one by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress; the conduct must go beyond the bounds of decency and be regarded as atrocious and intolerable in a civilized community.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Pueblo, Officer Dana Mears responded to a complaint that trash bags had been left on a sidewalk. She approached Nina Alvarez, who was standing outside her apartment building, and demanded Nina's driver's license. Nina gave her full name and street address but said she was not carrying a license. Mears then said, "Show me your license or you're going to jail," and handcuffed Nina when she did not comply.

If Nina sues for false arrest, which is the strongest argument for Nina?

Explanation. False arrest arises when a person is taken into custody by one claiming authority but lacking proper legal authority. Under the majority opinion, refusal to comply with a police demand that is not a lawful order is not itself an offense, especially where the person was not driving and had already provided name and address. The key is the basis for the arrest actually made. If Nina was arrested for refusing to produce a driver's license under circumstances not showing a lawful demand, the arrest lacked legal authority.