Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Newman (P) was 67 and a retired printer and was taken to Big Town (D) by his nephew. P had Parkinson's disease, arthritis, heart trouble, a voice impairment, and a hiatal hernia. P had been arrested for drunkenness and drunken driving. The admission papers provided that P would not be forced to remain in the nursing home against his will for any length of time. Three days later, P decided that he wanted to leave and attempted to call a taxi. D's employees prevented P from leaving by locking up his clothes and by forcibly detaining him each of the six times he tried to leave. P was placed in Ward 3 and taped into a restraint chair for more than five hours. Ward 3 was for drug addicts and alcoholics. Payment of his social security checks was changed without his authorization by a doctor working for D. P was also prevented from using the phone for almost 2 months. P finally escaped. P had lost 30 pounds during his ordeal. There was never any court proceeding to confine P. P sued D for false imprisonment and received an award for actual and exemplary damages. D appealed on the grounds that the award of exemplary damages was improper in the case.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.