Big Town Nursing Home v. Newman p. 37 Texas 1970 Facts: Newman was a 67 year old man who was taken to a nursing home by his nephew. The nephew paid for the first month in advance and sign papers stating that P was not to remain in the nursing home against his will for any length of time. He tried to leave 3 days later but was not allowed to. He tried to escape 5 times and was always caught and detained and taped in a chair, etc. The doctor on duty had his SS checks sent to the hospital’s name without his permission. Newman is suing for false imprisonment. False imprisonment is the direct restraint of one person of the physical liberty of another without adequate legal justification. D may be compelled to respond in exemplary damages if the act causing actual damages is a wrongful act done intentionally in violation of the rights of the plaintiff.
Rule: