Saturday, November 20, 2010

Judicial L'Awesomeness: Judo CHOP!

One of the main assignments of this semester is to write an office memo about a fictitious fact pattern. We are supposed to take the fact pattern and research some case law about it, apply the applicable rules of law to the facts and make a prediction on which way a court might decide the case. My fact pattern has to do with false imprisonment and a shoplifter. In researching cases to use in my memo, I came across this small piece of L’awsomeness. I can’t imagine martial arts are too frequently referred to in a court’s opinion. It is even better when the description makes you imagine something like Al Gore putting the smack down on Tipper.
In Hughes v. Gulf International, 593 So.2d 776 (La.App. 4 Cir.), writ denied 595 So.2d 658 (La.1992), a security guard and a theater manager attempted to prevent a rowdy theater patron from re-entering the screening room of the theater . . . After Ms. Hughes approached Ms. Manning, the situation quickly deteriorated into a shouting match. Assistant Manager Mike Curtis, who was acting as manager that day, approached the women to determine the problem. Eventually, Mr. Curtis asked Ms. Hughes to leave the theater. She initially refused, then insisted on going back into the screening room to get Malika and Tamika. Although Mr. Curtis refused to allow her to return to the screening room, she nonetheless started advancing in that direction . . . At some point while the group was advancing toward the screening room, Ms. Hughes bit Mr. Curtis on his upper arm. Mr. Curtis delivered a karate chop to the back of Ms. Hughes' neck, and she fell to the floor. When the New Orleans Police arrived, Ms. Hughes was arrested and taken to Central Lockup; her daughters accompanied her in the police car. She was immediately released after being booked with causing a disturbance, battery, and criminal damage. Those charges were eventually nol prossed [not prosecuted].

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