Jovita (Esther) Lopez, Plaintiff-Appellant, v. Winchell's Donut House, a corporation, Defendant-Appellee

"The Accused Employee Who Freely Left"

Should a defendant be liable for false imprisonment when it did not apply force, use the threat of force, nor assert its authority to confine the plaintiff?

Plaintiff—an employee of defendant—was suspected of “shorting” the cash register. The plaintiff voluntarily entered the back room of the store at her supervisor’s request. In the back room, the supervisor and another man questioned her regarding the alleged “shorting”. No threats of any kind were made during the interrogation, and plaintiff left the room and went home when she first decided to do so.

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