IRAC Report
Situation: Ryan Restrain and his live-in girl, Alicia Angerissue, have had some relationship
problems over the last seven months. They have been fighting frequently. These incidents have
been a lot of yelling and finger-pointing. But none of the altercations have resulted in physical
contact. They both feel that the relationship is over, but Alicia won’t break up because she has
nowhere to go and does not want to give up her free living arrangements in Ryan’s house.
On Friday night, Ryan came home at 7:00pm from a busy day at work. Alicia asked to talk. Her
talking eventually increased in emotion and volume. She got herself into such a frenzy and then
she grabbed her purse and headed for the door. Ryan put up his hand and told her stop. He told
her in a calmvoice that he had listened to side of the story for almost 20 minutes and it was his
turn to state his opinion on the issue. She said she didn’t care what he thought. He reminded
her of her exact words, “Can we talk…” She didn’t ask for him to just listen. He deserved the
opportunity to talk. She got even more upset when he started quoting her exact words. She
shrugged off his comments and once again headed for the door. He put up his hands again and
stood in front of the door. She tried a third time to reach the front door. When she couldn’t get
past him she told him to step aside or she would call the police. He reminded her that he did
not lay a hand on her and dared her to call the police. She did call the police.
The police responded to the domestic disturbance call in 9 minutes and found the couple still
standing in the living room. The police separated the couple who were still yelling at each
other. Once police office asked Alicia what happened. She gave an accurate account of the
situation. They then asked Ryan if her statement was accurate. He said was accurate and
pointed out again that he never laid a hand on her. The police then took Ryan into custody for
involuntary confinement/false imprisonment because he admitted that he would not allow an
adult (Alicia) to leave the house (3 times) through the front door. Since there was no judge on
duty during the weekends, Ryan sat in jail Friday night through Monday morning. At 7:50 am
(before the 8:00 arrival time of the judge) Alicia called the police station and dropped all
charges. Once released, Ryan came straight to your law office.
Issue: Did Ryan Restrain impose involuntary restraint or false imprisonment upon Alicia
Angerissue by blocking the door so that they could resolve their argument?
Rule: Involuntary restraint/false imprisonment is defined as (1) The illegal confinement of one
individual against his or her will by another individual in such a manner as to violate the
confined individual's right to be free from restraint of movement, (2) an individual must be
confined to a substantial degree, with his or her freedom of movement totally restrained, (3)
involves the use of physical force including threat of force or arrest, a belief on the part of the
person being restrained that force will be used, and/or the restraint is imposed by physical
barriers or through unreasonable duress imposed on the person being restrained and, (4) false
arrest in which the individual being held mistakenly believes that the individual restraining him
or her possesses the legal authority to do so.
Examples that do not constitute involuntary restraint/false imprisonment include (1) Interfering
with or obstructing an individual's freedom to go where she or he wishes when there are other
options for exit or escape, (2) An accidental or inadvertent confinement, such as when
someone is mistakenly locked in a room and, (3) a law enforcement officer has probable cause
for an arrest.
To recover damages for false imprisonment, an individual must be confined to a substantial
degree, with her or his freedom of movement totally restrained. An individual alleging false
imprisonment may sue for damages for the interference with her or his right to move freely. An
individual who has suffered no actual damages as a result of an illegal confinement may be
awarded nominal damages in recognition of the invasion of rights caused by the defendant's
wrongful conduct. A plaintiff who has suffered injuries and can offer proof of them can be
compensated for physical injuries, mental suffering, loss of earnings, and attorneys' fees. If the
confinement involved malice or extreme or needless violence, a plaintiff may also be awarded
punitive damages. An individual whose conduct constitutes the tort of false imprisonment
might also be charged with committing the crime of kidnapping, since the same pattern of
conduct may provide grounds for both. However, kidnapping may require that other facts be
shown, such as the removal of the victim from oneplace to another. False imprisonment may
constitute a criminal offense in most jurisdictions, with the law providing that a fine or
imprisonment, or both, be imposed upon conviction.
Analysis: Ryan Restrain may have imposed involuntary restraint/false imprisonment because he
acted as a physical barrier so that Alicia Angerissue could not exit through the front door and
such restraint was against her will, however, it is unclear as to whether there were other
options for Alicia to exit the premises even though she believes that force was used against her.
Conclusion: Ryan Restrain is not liable for the involuntary restraint/false imprisonment of Alicia
Angerissue because it was not indicated as to whether Alicia had other options of escape at the
time of the incident. Additionally no charges will be brought against Ryan Restraint because
Alicia Angerissue had dropped all charges the day following the incident.
IRACreport2

IRACreport2

  • 1.
    IRAC Report Situation: RyanRestrain and his live-in girl, Alicia Angerissue, have had some relationship problems over the last seven months. They have been fighting frequently. These incidents have been a lot of yelling and finger-pointing. But none of the altercations have resulted in physical contact. They both feel that the relationship is over, but Alicia won’t break up because she has nowhere to go and does not want to give up her free living arrangements in Ryan’s house. On Friday night, Ryan came home at 7:00pm from a busy day at work. Alicia asked to talk. Her talking eventually increased in emotion and volume. She got herself into such a frenzy and then she grabbed her purse and headed for the door. Ryan put up his hand and told her stop. He told her in a calmvoice that he had listened to side of the story for almost 20 minutes and it was his turn to state his opinion on the issue. She said she didn’t care what he thought. He reminded her of her exact words, “Can we talk…” She didn’t ask for him to just listen. He deserved the opportunity to talk. She got even more upset when he started quoting her exact words. She shrugged off his comments and once again headed for the door. He put up his hands again and stood in front of the door. She tried a third time to reach the front door. When she couldn’t get past him she told him to step aside or she would call the police. He reminded her that he did not lay a hand on her and dared her to call the police. She did call the police. The police responded to the domestic disturbance call in 9 minutes and found the couple still standing in the living room. The police separated the couple who were still yelling at each other. Once police office asked Alicia what happened. She gave an accurate account of the situation. They then asked Ryan if her statement was accurate. He said was accurate and pointed out again that he never laid a hand on her. The police then took Ryan into custody for involuntary confinement/false imprisonment because he admitted that he would not allow an adult (Alicia) to leave the house (3 times) through the front door. Since there was no judge on duty during the weekends, Ryan sat in jail Friday night through Monday morning. At 7:50 am (before the 8:00 arrival time of the judge) Alicia called the police station and dropped all charges. Once released, Ryan came straight to your law office. Issue: Did Ryan Restrain impose involuntary restraint or false imprisonment upon Alicia Angerissue by blocking the door so that they could resolve their argument? Rule: Involuntary restraint/false imprisonment is defined as (1) The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement, (2) an individual must be confined to a substantial degree, with his or her freedom of movement totally restrained, (3) involves the use of physical force including threat of force or arrest, a belief on the part of the
  • 2.
    person being restrainedthat force will be used, and/or the restraint is imposed by physical barriers or through unreasonable duress imposed on the person being restrained and, (4) false arrest in which the individual being held mistakenly believes that the individual restraining him or her possesses the legal authority to do so. Examples that do not constitute involuntary restraint/false imprisonment include (1) Interfering with or obstructing an individual's freedom to go where she or he wishes when there are other options for exit or escape, (2) An accidental or inadvertent confinement, such as when someone is mistakenly locked in a room and, (3) a law enforcement officer has probable cause for an arrest. To recover damages for false imprisonment, an individual must be confined to a substantial degree, with her or his freedom of movement totally restrained. An individual alleging false imprisonment may sue for damages for the interference with her or his right to move freely. An individual who has suffered no actual damages as a result of an illegal confinement may be awarded nominal damages in recognition of the invasion of rights caused by the defendant's wrongful conduct. A plaintiff who has suffered injuries and can offer proof of them can be compensated for physical injuries, mental suffering, loss of earnings, and attorneys' fees. If the confinement involved malice or extreme or needless violence, a plaintiff may also be awarded punitive damages. An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from oneplace to another. False imprisonment may constitute a criminal offense in most jurisdictions, with the law providing that a fine or imprisonment, or both, be imposed upon conviction. Analysis: Ryan Restrain may have imposed involuntary restraint/false imprisonment because he acted as a physical barrier so that Alicia Angerissue could not exit through the front door and such restraint was against her will, however, it is unclear as to whether there were other options for Alicia to exit the premises even though she believes that force was used against her. Conclusion: Ryan Restrain is not liable for the involuntary restraint/false imprisonment of Alicia Angerissue because it was not indicated as to whether Alicia had other options of escape at the time of the incident. Additionally no charges will be brought against Ryan Restraint because Alicia Angerissue had dropped all charges the day following the incident.