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Ms. Toad

(38,817 posts)
22. That would vary depending on state law. In most states it would be false imprisonment.
Tue Aug 26, 2025, 09:20 AM
Aug 2025

And there are two forms of false imprisonment - civil and criminal. Generally, criminal false imprisonment requires worse behavior.

To start with, while they have the authority under the Texas constitution to compel her attendance if she is absent. At the time she was sleeping in the capitol, there was no business being conducted for which she was required to be present. Therefore the state has no right to restrict her movements to compel attendance until a session at which her attendance is required materializes.

But false imprisonment isn't just physically restraining movement. It includes, in most states, giving someone a choice to leave only if they accept conditions which are the equivalent of confinement, or are which are coercive or intimidating. Whether the choice she was given rises to the level of false imprisonment will be a matter of state law. It likely meets the definition of at least the tort of false imprisonment (it would, under the generic tort law I taught - but each state gets to make its own laws). Whether she can convince a Texas jury of that is another question.


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Exactly! KT2000 Aug 2025 #1
It is malaise Aug 2025 #2
"& don't know the language" speak easy Aug 2025 #3
This message was self-deleted by its author Skittles Aug 2025 #11
It's complicated .... eppur_se_muova Aug 2025 #17
Just 2 clarify, speak easy Aug 2025 #20
They are saying undocumented immigrants don't have ANY constitutional rights William Seger Aug 2025 #4
The Trump Regime wants him dead without being the ones who do the actual killing. Solly Mack Aug 2025 #5
Kick and recommend bronxiteforever Aug 2025 #6
The tv show Law & Order was fiction. Yet so many expect Sam Watterson IRL irisblue Aug 2025 #7
Cruelty is the point. AverageOldGuy Aug 2025 #8
My understanding is that immigrants always have first Melon Aug 2025 #9
Yes, They always have a right to "self-deport" to their home country. But many came to the US to begin with to escape Wiz Imp Aug 2025 #14
That was KAG's situation. They could have deported him to Costa Rica instead, but refused. nt eppur_se_muova Aug 2025 #18
Costa Rica sounds culturally preferable to getting shipped to Melon Aug 2025 #19
Recommended. H2O Man Aug 2025 #10
Legally, deportation isn't punishment. Ms. Toad Aug 2025 #12
Last week some were claiming that Nicole Collier choosing to stay on the House floor was false imprisonment. LeftInTX Aug 2025 #21
That would vary depending on state law. In most states it would be false imprisonment. Ms. Toad Aug 2025 #22
She was free to move around the Capitol, but guard(s) were assigned to make sure she did not leave the building. LeftInTX Aug 2025 #23
It's the surveillance and guard duty if they left the building that makes them not free to leave. Ms. Toad Aug 2025 #24
Got it! She filed a lawsuit. I don't believe anyone else did. LeftInTX Aug 2025 #26
The one she filled was a bit odd. Ms. Toad Aug 2025 #28
Not NEARLY enough has been said about this, and to my knowledge, the regime has never attempted to Karasu Aug 2025 #13
Oh it absolutely is. They don't care, at best. nolabear Aug 2025 #15
K&R UTUSN Aug 2025 #16
Human trafficking Blue Full Moon Aug 2025 #25
Cruel and Unusual is exactly what they want. spanone Aug 2025 #27
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