Fojtik v. Charter Med. Corp.
Court of Appeals of Texas
985 S.W.2d 625 (1999)
Felix Fojtik (plaintiff), a 45-year-old businessman, entered in-patient alcoholism treatment at Charter Medical Corporation (defendant) after being told he would otherwise be involuntarily committed and brought in handcuffs. He was initially denied temporary leave passes, then later given them, and he always voluntarily returned to comply with facility rules and speed his eventual release; he complained about feeling "locked up" and being treated as an alcoholic, but never actually asked to leave permanently. He sued for false imprisonment, and the trial court granted Charter's motion for summary judgment on the ground that Fojtik was always free to leave and its pass system was merely procedural.
Whether a plaintiff can prevail on a false imprisonment claim based on threats, despite never insisting on release, where the facts do not show a vulnerable plaintiff confronted with an oppressive, intimidating environment.