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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relwtrts0326 and id is 1 raw text is: TORTS DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS CHAPTER 1. MEANING OF TERMS USED THROUGHOUT THE RESTATEMENT OF TORTS § 2. Act La.App.2015. Cit. in comments to statute quot. in sup. State filed a petition against juvenile who struck a classmate, charging him with simple battery and seeking to adjudicate him as a delinquent. The trial court adjudicated juvenile guilty of simple battery. Affirming, this court held that there was sufficient evidence to support a conclusion that juvenile intentionally struck the classmate in the face without the classmate's consent. The court cited the first Restatement of Torts § 2 in rejecting juvenile's argument that his behavior towards the classmate was the result of a seizure rather than an conscious or intentional act, noting that the record indicated that juvenile exhibited an ongoing series of escalating inappropriate behavior towards the classmate before he finally struck the classmate. State in re J.A., 179 So.3d 959, 963. § 10. Privilege D.N.M.2015. Cit. in ftn. Former inmate at a correctional facility filed a claim for battery against correctional officer who pushed her against a wall for refusing to answer his questions and walking away from him. This court denied in part officer's motion to dismiss, holding that New Mexico courts would likely adopt the test set forth in the Restatement Second of Torts for analyzing a prison guard's physical force against a prisoner. The court noted that, while it relied on Restatement Second of Torts §§ 10, 132, 133, and 134, those sections were all near carbon copies of the identically numbered sections of the first Restatement of Torts. Pena v. Greffet, 108 F.Supp.3d 1030, 1061. CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY TOPIC 2. THE INTEREST IN FREEDOM FROM OFFENSIVE BODILY CONTACT § 18. Battery; Offensive Contact C.A.3, 2015. Com. (e) quot. in sup. Individuals, businesses, and organizations associated with the Islamic faith brought an action for violations of their rights under the First and Fourteenth Amendments against city, alleging that defendant's surveillance program singled out Muslims and their organizations and businesses for investigation and surveillance simply because of their faith. The district court granted defendant's motion to dismiss. This court reversed and remanded, holding that plaintiffs had standing to bring their claims. Citing Restatement of Torts § 18, Comment e, the court explained that defendant was the cause of plaintiffs' alleged injury, even if plaintiffs discovered the discrimination through a third A L For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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