Parvi v City of Kingston

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Parvi v. City of Kingston p. 39 NY 1977 Facts: Cops entered an alley where 3 men were noticeably drunk. The Plaintiff said he had no place to go so they drove him to an abandoned golf course to “dry out.” There is conflicting evidence as to weather he went on his own will. Within the hour the P wandered onto a highway where he was hit by a car and severely injured. He sued for false imprisonment but the case was thrown out. P admits he has no recollection of the entire night. There is no liability for intentionally confining another unless the person physically restrained knows of the confinement or is harmed by it. Dismissal is reversed because while D has no recollection of the night now, he may have been aware of his imprisonment at the time. Sent back to jury to determine facts.



Rule:



Holding:




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