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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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