False Imprisonment by Mary

What type of tort is it?

mbahena38004 — 2016-01-28 20:35:34 UTC

False imprisonment

Describe what happened in your tort? What are the important events?

mbahena38004 — 2016-01-28 20:38:31 UTC

Nicole Harris was falsely accused of murdering her son, after her son Jaquari Dancy of only 4 years old was found in his room with an elastic rubber band wrapped around his neck 10 times. His older brother, Diante and Jaquari loved to pretend they were spider man and that was the accident that caused his death. One day while they were in the room playing pretending to be spider man when he accidentally strangled himself to death. Nicole was then arrested and found guilty and sentenced her to a 30 year sentence. However in 2012 court reversed Harris's conviction , holding that Schultz's exclusion of Diante's testimony had been "disproportionate to the truth-seeking & reliability concerns advanced by witness competency restrictions." After the confession the Cook county medical examiners office changed the cause of the death from accidental to homicide. Nicole Harris was released from prison on February 25, 2013. On January 23, 2014 , Judge Biebel granted Harris a certificate of innocence, qualifying her for compensation under the Illinois court of claims act.

How does it fit or match the legal definition of negligence, strict liability, or intentional harm?

sbaeza42084 — 2016-01-28 20:42:34 UTC

this case is negligent and intentional tort because of intentional infliction of emotional distress. she said that they threaten, pushed, called names, and denied food or sometimes the use of the bathroom. the prosecution did accept the testify of his son Diante because he was too young.

Who is the defendant, plaintiff? What did they do? When and where was your case filed

mbahena38004 — 2016-01-28 20:43:30 UTC

The defendant was Nicole Harris and the Plaintiff were the people who put her in jail without her having any fault. The plaintiff made the defendant go to jail falsely convicted. This case was filed in Cook county.

Were there any damages awarded in your cases? Do you think the ruling was far?

sbaeza42084 — 2016-01-28 20:44:04 UTC

They blame on her because at first she said that she strangle his because he wouldn't stop crying when she was in interrogation. Nicole said that because she wanted the people to stop asking her questions. When Jaquari did it when they leave to do laundry. Nicole should not let them stay by themselves.

Mary Bahena & Juana Baeza

mbahena38004 — 2016-02-01 20:37:46 UTC