A Not So Civil Action, by control_freak80 [Documentation Challenge]
Title:A Not So Civil Action
Author: control_freak80
Rating: PG
Spoilers: Through Critical Mass
Word Count: 2,115
Summary: A lot can happen in three weeks.
A/N: Thankfully, the state of Colorado does not require a statement of jurisdiction for complaints filed in courts of general jurisdiction. This is a good thing because there is no way any court would ever have jurisdiction over this action. Also, I had to fudge with the time line a bit to get the dates to match up, but it should be as close to accurate as possible.
Thanks to smittywing and caroly_214 for betaing.
DISTRICT COURT
El Paso County
Judicial Building
20 East Vermijo
Colorado Springs, Colorado 80903
Civil Action No. 2006-233A
Jury Trial Demanded
C. KAVANAGH,
Plaintiff,
v.
LT. COL. JOHN SHEPPARD, DR. RODNEY MCKAY, DR. RADEK ZELENKA, DR. CARSON BECKETT, MAJOR LORNE, LT. LAURA CADMAN, DR. ELIZABETH WEIR, MS. TEYLA EMMAGAN, MR. RONON DEX,
Defendants
COMPLAINT
1. Plaintiff, C. Kavanagh (“Kavanagh”), is an adult individual residing in the city of Colorado Springs, Colorado, Earth.
2. Lt. Col. John Sheppard, USAF (“Sheppard”) is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
3. Dr. Rodney McKay (“McKay”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
4. Dr. Radek Zelenka (“Zelenka”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
5. Dr. Carson Beckett (“Beckett”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
6. Major Lorne, USAF (“Lorne”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
7. Lt. Laura Cadman, USMC (“Cadman”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
8. Dr. Elizabeth Weir (“Weir”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
9. Ms. Teyla Emmagan (“Emmagan”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
10. Mr. Ronon Dex (“Dex”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
11. Stargate Command (“SCG”), is a top secret military installation located under Cheyenne Mountain Complex, Colorado Springs, Colorado.
12. The City of Atlantis (“Atlantis”) is a top secret city located in the Pegasus Galaxy.
13. Weir is the civilian head of the Atlantis expedition.
14. Sheppard is the military head of the Atlantis expedition.
15. A Stargate is a device that transports matter through a stable wormhole from one point to another.
16. On July 17, 2004 the Atlantis expedition departed the SGC for Atlantis through the Stargate.
17. Kavanagh was an original member of the expedition.
18. All members of the expedition were aware upon departure that the trip may be one way.
19. Upon arrival in Atlantis, the expedition found there was not enough power to establish a stable wormhole connection to Earth.
20. On March 3, 2005, the power was found to make a one-time 1.3 second wormhole connection to Earth from Atlantis for the purpose of sending a compressed data burst.
21. During the connection described in Paragraph 20, expedition members were entitled to send personal messages.
22. Kavanagh’s personal message was directed to General O’Neill, military leader of the SGC, and addressed multiple concerns about the Atlantis expedition and the actions of its leadership.
23. The Daedalus is a starship that travels between Earth and Atlantis.
24. A trip on the Daedalus takes 18 days.
25. On March 25, 2005, the Daedalus arrived at Atlantis
26. On or about March 30, 2005, Kavanagh left Atlantis aboard the Daedalus.
27. On November 13, 2005, Kavanagh requested permission to return to Atlantis.
28. On November 30, 2005, permission was granted by Dr. Weir and General Landry.
29. On December 23, 2005, Kavanagh returned to Atlantis aboard the Daedalus.
30. On January 13, 2006, three weeks after his arrival, Kavanagh left Atlantis aboard the Daedalus.
31. On January 20, 2006, one week after the Daedalus departed Atlantis it was forced to return to Atlatnis to respond to a crisis situation.
32. Kavanagh returned to Atlantis aboard the Daedalus.
33. On January 27, 2006 Kavanagh departed Atlantis aboard the Daedalus and returned to Earth.
COUNT ONE - CONVERSION OF CHATTELS
34. Paragraphs 1 through 33 are incorporated by reference as if fully set forth herein.
35. On December 26, 2005, at approximately 12:45 pm, Kavanagh was working alone in the main laboratory on Atlantis.
36. On Kavanagh’s desk was a Lego model of a tyrannosaurus rex (“t-rex”).
37. At approximately 12:54 pm, Cadman and Lorne entered the laboratory.
38. Cadman asked Kavanagh, in a snippy tone, where McKay was.
39. Kavanagh informed Cadman that “he was not McKay’s keeper and had no idea where the man was.”
40. While Kavanagh had been talking to Cadman, Lorne had started playing with the t-rex.
41. Kavanagh asked Lorne to put the t-rex down.
42. Lorne refused.
43. Kavanagh asked Lorne again to put the t-rex down.
44. Lorne again refused.
45. Cadman was approximately 10 feet from Lorne.
46. Kavanagh asked Lorne a third time to put the t-rex down.
47. Lorne again refused and threw the t-rex 10 feet through the air to Cadman.
48. Cadman caught the t-rex.
49. Kavanagh asked Cadman to return the t-rex.
50. Cadman responded by saying that “it would be fun to see how the t-rex reacted to C-4.”
51. Lorne laughed and held out his hands.
52. Cadman threw the t-rex back to Lorne.
53. Lorne did not catch the t-rex.
54. The t-rex dropped to the ground.
55. Upon impact with the floor, the t-rex broke into at least 24 pieces.
56. Through their actions Lorne and Cadman have deprived Kavanagh of the use and possession of his t-rex.
COUNT TWO - SLANDER PER SE
57. Paragraphs 1 through 56 are incorporated by reference as if fully set forth herein.
58. On or about December 30, 2005, at approximately 11:00 am, Kavanagh was working in the main laboratory on Atlantis.
59. Drs. Simpson, Kusangi, Zelenka, and Bradley were also working in the lab.
60. At approximately 11:15am McKay stormed into the lab screaming.
61. McKay stormed directly over to Kavanagh’s work station and screamed, “your mind has obviously been affected by the intergalactic space syphilis you caught from the monkey people of PX3-432, or you wouldn’t be turning crap like this into me as ‘work.’”
62. Drs. Simpson, Zelenka, and Bradley all snickered when McKay mentioned space syphilis.
63. Kavanagh had been to PX3-432 the previous week and had contact with the monkey people.
64. Kavanagh did not have sexual relations or interact with the monkey people in any manner that would cause him to become infected with space syphilis.
65. Attached as Exhibit A is a medical report from Dr. Carson Beckett dated December 30, 2005, stating that Dr. C. Kavanagh was free of all space venereal diseases.
COUNT THREE - BATTERY
66. Paragraphs 1 through 65 are incorporated by reference as if fully set forth herein.
67. On January 2, 2006, Kavanagh was doing yoga in the exercise room of Atlantis.
68. Emmagan came into the room carrying her ‘fighting sticks.’
69. Emmagan asked Kavanagh if he wanted to spar with her.
70. Kavanagh declined.
71. Emmagan again asked Kavanagh to spar with her, saying that “it might help his coordination and grace.”
72. Kavanagh again declined.
73. Dex then entered the room.
74. Emmagan told Dex that she was trying to get Kavanagh to spar with her.
75. Dex started laughing and called Kavanagh a wimp.
76. Kavanagh packed up his belongings to leave the room.
77. While he was packing, Dex came over and whacked Kavanagh on the arm with one of Emmagan’s sticks.
78. Kavanagh flinched.
79. When Kavanagh flinched, Dex turned to Emmagan and said, “See? Wimp.”
80. Kavanagh left the room.
81. Dex intended to and did in fact hit Kavanagh with the ‘fighting stick.’
82. Kavanagh did not consent to Dex hitting him with the stick.
83. As a result of the contact with the stick Kavanagh suffered from a large contusion on his arm.
84. A medical report dated January 2, 2006, written by Dr. Carson Beckett describing the contusion dated is attached as Exhibit B.
COUNT FOUR - FALSE IMPRISONMENT
85. Paragraphs 1 through 84 are incorporated by reference as if fully set forth herein.
86. On or about January 7, 2006, Kavanagh was working in the main Atlantis lab.
87. McKay and Zelenka were also working in the lab.
88. Kavanagh pointed out a potentially fatal error in the calculations McKay and Zelenka were working on.
89. McKay did not show proper consideration of Kavanagh’s recommendation and failed to take appropriate action to rectify the error.
90. Ten minutes later, McKay ordered Kavanagh to fix the maintenance conduits on Level Seven.
91. To the best of Kavanagh’s knowledge, the maintenance conduits on Level Seven were not broken.
92. Kavanagh calmly expressed this concern to McKay.
93. McKay stated, “I’m in charge here and you will fix what I tell you to fix, now go!”
94. Kavanagh went to location of the conduits as ordered.
95. After inspection, Kavanagh found that the conduits were not broken.
96. While he was in the conduit he heard Sheppard, Zelenka, and McKay in the hallway below him.
97. Immediately after hearing the voices, Kavanagh attempted to leave the conduit.
98. Kavanagh was unable to leave the conduit because someone had sealed it from the outside.
99. Kavanagh radioed McKay to inform him of his peril.
100. McKay responded, “he was busy doing work, Kavanagh was not in immediate danger, and he would get to him when he could.”
101. Kavanagh then radioed Weir who told him, “If it wasn't a matter of life or death, it was a non-priority."
102. Kavanagh tried to use his radio again to call for help but no one would answer him.
103. Kavanagh tried to raise someone on his radio for the next six hours with no success.
104. Seven hours after being trapped in the conduit, Dr. Simpson arrived to release him.
105. McKay, Sheppard, and Zelenka intentionally imprisoned Kavanagh in the conduit.
106. McKay, Weir, Sheppard, and Zelenka knew that Kavanagh was imprisoned in the conduit, yet did nothing to release him.
107. As a result of their actions Kavanagh was imprisoned in the conduit for seven hours.
COUNT FIVE - ASSAULT
108. Paragraphs 1 through 107 are incorporated by reference as if fully set forth herein.
109. On January 20, 2006, Kavanagh was being held by Weir and Sheppard for interrogation.
110. Kavanagh was innocent of the charges and stated so multiple times during the interrogation.
111. At a point subsequent to Kavanagh stating his innocence, Weir said, “And since I don’t have the time to wait anymore I’ll just have to decide the quickest way to get it from you.”
112. Kavanagh then responded by stating, “Like what? Are you going to torture me?”
113. Weir did not respond to Kavanagh’s question.
114. Approximately 20 minutes later, Dex appeared in the interrogation room.
115. Dex’s posture was menacing and he had a very large knife in a sheath on his hip.
116. Kavanagh stood up from his chair and backed away from Dex in fear.
117. Dex advanced towards Kavanagh with a very menacing and intimidating posture.
118. When Dex got close to Kavanagh he pulled out his knife.
119. Kavanagh was so fearful of Dex and his knife, he fainted.
120. Dex’s actions put Kavanagh in apprehension of imminent harmful bodily contact.
COUNT SIX - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
121.Paragraphs 1 through 120 are incorporated by reference as if fully set forth herein.
122.The conduct of the above named defendants towards Kavanagh have been intentional and reckless.
123.The conduct described in Paragraphs 33 through 120 was extreme and outrageous.
124.The above described conduct inflicted severe emotional distress on Kavanagh.
WHEREFORE, Plaintiff respectfully requests that this court grant him monetary relief and find that the above named defendants are liable for Battery, Assault, False Imprisonment, Conversion of Chattels, Slander Per Se, and Intentional Infliction of Emotional Distress. Plaintiff also requests that this court grant such other relief as this court considers necessary or appropriate.
________ /s/_________
Attorney for Plaintiff C. Kavanagh
Dated: March 1, 2006.
A/N: If anyone is curious here are the elements of the above torts:
Assault: A person is liable for assault when they act intending to and do cause reasonable apprehension of imminent harmful or offensive bodily contact.
Battery: A person is subject to liability for battery when he acts intending to cause a harmful or offensive contact, and when such contact results.
Conversion of Chattels: The wrongful possession or disposition of another's property as if it were one's own; an act or series of acts, without lawful justification, with any chattel in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the chattel.
False Imprisonment: A person is liable for false imprisonment when they Intend to commit an act of restraint that results in confinement in a bounded area.
Intentional Infliction of Emotional Distress: A defendant is liable if they acted: (1) Intentionally or recklessly; (2) Inflicting severe emotional distress (3) Through extreme and outrageous conduct.
Slander per se: is an oral defamatory statement to one or more parties. The plaintiff need not prove damages when the statement is (1) about or concerning the plaintiff’s business or profession. (2) that the plaintiff has committed a serious crime. (3) imputing the chastity of a woman; (4) that the plaintiff has a loathsome disease. (either VD or leprosy)
Author: control_freak80
Rating: PG
Spoilers: Through Critical Mass
Word Count: 2,115
Summary: A lot can happen in three weeks.
A/N: Thankfully, the state of Colorado does not require a statement of jurisdiction for complaints filed in courts of general jurisdiction. This is a good thing because there is no way any court would ever have jurisdiction over this action. Also, I had to fudge with the time line a bit to get the dates to match up, but it should be as close to accurate as possible.
Thanks to smittywing and caroly_214 for betaing.
DISTRICT COURT
El Paso County
Judicial Building
20 East Vermijo
Colorado Springs, Colorado 80903
Civil Action No. 2006-233A
Jury Trial Demanded
C. KAVANAGH,
Plaintiff,
v.
LT. COL. JOHN SHEPPARD, DR. RODNEY MCKAY, DR. RADEK ZELENKA, DR. CARSON BECKETT, MAJOR LORNE, LT. LAURA CADMAN, DR. ELIZABETH WEIR, MS. TEYLA EMMAGAN, MR. RONON DEX,
Defendants
COMPLAINT
1. Plaintiff, C. Kavanagh (“Kavanagh”), is an adult individual residing in the city of Colorado Springs, Colorado, Earth.
2. Lt. Col. John Sheppard, USAF (“Sheppard”) is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
3. Dr. Rodney McKay (“McKay”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
4. Dr. Radek Zelenka (“Zelenka”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
5. Dr. Carson Beckett (“Beckett”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
6. Major Lorne, USAF (“Lorne”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
7. Lt. Laura Cadman, USMC (“Cadman”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
8. Dr. Elizabeth Weir (“Weir”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
9. Ms. Teyla Emmagan (“Emmagan”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
10. Mr. Ronon Dex (“Dex”), is an adult individual residing in the city of Atlantis, Pegasus Galaxy.
11. Stargate Command (“SCG”), is a top secret military installation located under Cheyenne Mountain Complex, Colorado Springs, Colorado.
12. The City of Atlantis (“Atlantis”) is a top secret city located in the Pegasus Galaxy.
13. Weir is the civilian head of the Atlantis expedition.
14. Sheppard is the military head of the Atlantis expedition.
15. A Stargate is a device that transports matter through a stable wormhole from one point to another.
16. On July 17, 2004 the Atlantis expedition departed the SGC for Atlantis through the Stargate.
17. Kavanagh was an original member of the expedition.
18. All members of the expedition were aware upon departure that the trip may be one way.
19. Upon arrival in Atlantis, the expedition found there was not enough power to establish a stable wormhole connection to Earth.
20. On March 3, 2005, the power was found to make a one-time 1.3 second wormhole connection to Earth from Atlantis for the purpose of sending a compressed data burst.
21. During the connection described in Paragraph 20, expedition members were entitled to send personal messages.
22. Kavanagh’s personal message was directed to General O’Neill, military leader of the SGC, and addressed multiple concerns about the Atlantis expedition and the actions of its leadership.
23. The Daedalus is a starship that travels between Earth and Atlantis.
24. A trip on the Daedalus takes 18 days.
25. On March 25, 2005, the Daedalus arrived at Atlantis
26. On or about March 30, 2005, Kavanagh left Atlantis aboard the Daedalus.
27. On November 13, 2005, Kavanagh requested permission to return to Atlantis.
28. On November 30, 2005, permission was granted by Dr. Weir and General Landry.
29. On December 23, 2005, Kavanagh returned to Atlantis aboard the Daedalus.
30. On January 13, 2006, three weeks after his arrival, Kavanagh left Atlantis aboard the Daedalus.
31. On January 20, 2006, one week after the Daedalus departed Atlantis it was forced to return to Atlatnis to respond to a crisis situation.
32. Kavanagh returned to Atlantis aboard the Daedalus.
33. On January 27, 2006 Kavanagh departed Atlantis aboard the Daedalus and returned to Earth.
COUNT ONE - CONVERSION OF CHATTELS
34. Paragraphs 1 through 33 are incorporated by reference as if fully set forth herein.
35. On December 26, 2005, at approximately 12:45 pm, Kavanagh was working alone in the main laboratory on Atlantis.
36. On Kavanagh’s desk was a Lego model of a tyrannosaurus rex (“t-rex”).
37. At approximately 12:54 pm, Cadman and Lorne entered the laboratory.
38. Cadman asked Kavanagh, in a snippy tone, where McKay was.
39. Kavanagh informed Cadman that “he was not McKay’s keeper and had no idea where the man was.”
40. While Kavanagh had been talking to Cadman, Lorne had started playing with the t-rex.
41. Kavanagh asked Lorne to put the t-rex down.
42. Lorne refused.
43. Kavanagh asked Lorne again to put the t-rex down.
44. Lorne again refused.
45. Cadman was approximately 10 feet from Lorne.
46. Kavanagh asked Lorne a third time to put the t-rex down.
47. Lorne again refused and threw the t-rex 10 feet through the air to Cadman.
48. Cadman caught the t-rex.
49. Kavanagh asked Cadman to return the t-rex.
50. Cadman responded by saying that “it would be fun to see how the t-rex reacted to C-4.”
51. Lorne laughed and held out his hands.
52. Cadman threw the t-rex back to Lorne.
53. Lorne did not catch the t-rex.
54. The t-rex dropped to the ground.
55. Upon impact with the floor, the t-rex broke into at least 24 pieces.
56. Through their actions Lorne and Cadman have deprived Kavanagh of the use and possession of his t-rex.
COUNT TWO - SLANDER PER SE
57. Paragraphs 1 through 56 are incorporated by reference as if fully set forth herein.
58. On or about December 30, 2005, at approximately 11:00 am, Kavanagh was working in the main laboratory on Atlantis.
59. Drs. Simpson, Kusangi, Zelenka, and Bradley were also working in the lab.
60. At approximately 11:15am McKay stormed into the lab screaming.
61. McKay stormed directly over to Kavanagh’s work station and screamed, “your mind has obviously been affected by the intergalactic space syphilis you caught from the monkey people of PX3-432, or you wouldn’t be turning crap like this into me as ‘work.’”
62. Drs. Simpson, Zelenka, and Bradley all snickered when McKay mentioned space syphilis.
63. Kavanagh had been to PX3-432 the previous week and had contact with the monkey people.
64. Kavanagh did not have sexual relations or interact with the monkey people in any manner that would cause him to become infected with space syphilis.
65. Attached as Exhibit A is a medical report from Dr. Carson Beckett dated December 30, 2005, stating that Dr. C. Kavanagh was free of all space venereal diseases.
COUNT THREE - BATTERY
66. Paragraphs 1 through 65 are incorporated by reference as if fully set forth herein.
67. On January 2, 2006, Kavanagh was doing yoga in the exercise room of Atlantis.
68. Emmagan came into the room carrying her ‘fighting sticks.’
69. Emmagan asked Kavanagh if he wanted to spar with her.
70. Kavanagh declined.
71. Emmagan again asked Kavanagh to spar with her, saying that “it might help his coordination and grace.”
72. Kavanagh again declined.
73. Dex then entered the room.
74. Emmagan told Dex that she was trying to get Kavanagh to spar with her.
75. Dex started laughing and called Kavanagh a wimp.
76. Kavanagh packed up his belongings to leave the room.
77. While he was packing, Dex came over and whacked Kavanagh on the arm with one of Emmagan’s sticks.
78. Kavanagh flinched.
79. When Kavanagh flinched, Dex turned to Emmagan and said, “See? Wimp.”
80. Kavanagh left the room.
81. Dex intended to and did in fact hit Kavanagh with the ‘fighting stick.’
82. Kavanagh did not consent to Dex hitting him with the stick.
83. As a result of the contact with the stick Kavanagh suffered from a large contusion on his arm.
84. A medical report dated January 2, 2006, written by Dr. Carson Beckett describing the contusion dated is attached as Exhibit B.
COUNT FOUR - FALSE IMPRISONMENT
85. Paragraphs 1 through 84 are incorporated by reference as if fully set forth herein.
86. On or about January 7, 2006, Kavanagh was working in the main Atlantis lab.
87. McKay and Zelenka were also working in the lab.
88. Kavanagh pointed out a potentially fatal error in the calculations McKay and Zelenka were working on.
89. McKay did not show proper consideration of Kavanagh’s recommendation and failed to take appropriate action to rectify the error.
90. Ten minutes later, McKay ordered Kavanagh to fix the maintenance conduits on Level Seven.
91. To the best of Kavanagh’s knowledge, the maintenance conduits on Level Seven were not broken.
92. Kavanagh calmly expressed this concern to McKay.
93. McKay stated, “I’m in charge here and you will fix what I tell you to fix, now go!”
94. Kavanagh went to location of the conduits as ordered.
95. After inspection, Kavanagh found that the conduits were not broken.
96. While he was in the conduit he heard Sheppard, Zelenka, and McKay in the hallway below him.
97. Immediately after hearing the voices, Kavanagh attempted to leave the conduit.
98. Kavanagh was unable to leave the conduit because someone had sealed it from the outside.
99. Kavanagh radioed McKay to inform him of his peril.
100. McKay responded, “he was busy doing work, Kavanagh was not in immediate danger, and he would get to him when he could.”
101. Kavanagh then radioed Weir who told him, “If it wasn't a matter of life or death, it was a non-priority."
102. Kavanagh tried to use his radio again to call for help but no one would answer him.
103. Kavanagh tried to raise someone on his radio for the next six hours with no success.
104. Seven hours after being trapped in the conduit, Dr. Simpson arrived to release him.
105. McKay, Sheppard, and Zelenka intentionally imprisoned Kavanagh in the conduit.
106. McKay, Weir, Sheppard, and Zelenka knew that Kavanagh was imprisoned in the conduit, yet did nothing to release him.
107. As a result of their actions Kavanagh was imprisoned in the conduit for seven hours.
COUNT FIVE - ASSAULT
108. Paragraphs 1 through 107 are incorporated by reference as if fully set forth herein.
109. On January 20, 2006, Kavanagh was being held by Weir and Sheppard for interrogation.
110. Kavanagh was innocent of the charges and stated so multiple times during the interrogation.
111. At a point subsequent to Kavanagh stating his innocence, Weir said, “And since I don’t have the time to wait anymore I’ll just have to decide the quickest way to get it from you.”
112. Kavanagh then responded by stating, “Like what? Are you going to torture me?”
113. Weir did not respond to Kavanagh’s question.
114. Approximately 20 minutes later, Dex appeared in the interrogation room.
115. Dex’s posture was menacing and he had a very large knife in a sheath on his hip.
116. Kavanagh stood up from his chair and backed away from Dex in fear.
117. Dex advanced towards Kavanagh with a very menacing and intimidating posture.
118. When Dex got close to Kavanagh he pulled out his knife.
119. Kavanagh was so fearful of Dex and his knife, he fainted.
120. Dex’s actions put Kavanagh in apprehension of imminent harmful bodily contact.
COUNT SIX - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
121.Paragraphs 1 through 120 are incorporated by reference as if fully set forth herein.
122.The conduct of the above named defendants towards Kavanagh have been intentional and reckless.
123.The conduct described in Paragraphs 33 through 120 was extreme and outrageous.
124.The above described conduct inflicted severe emotional distress on Kavanagh.
WHEREFORE, Plaintiff respectfully requests that this court grant him monetary relief and find that the above named defendants are liable for Battery, Assault, False Imprisonment, Conversion of Chattels, Slander Per Se, and Intentional Infliction of Emotional Distress. Plaintiff also requests that this court grant such other relief as this court considers necessary or appropriate.
________ /s/_________
Attorney for Plaintiff C. Kavanagh
Dated: March 1, 2006.
A/N: If anyone is curious here are the elements of the above torts:
Assault: A person is liable for assault when they act intending to and do cause reasonable apprehension of imminent harmful or offensive bodily contact.
Battery: A person is subject to liability for battery when he acts intending to cause a harmful or offensive contact, and when such contact results.
Conversion of Chattels: The wrongful possession or disposition of another's property as if it were one's own; an act or series of acts, without lawful justification, with any chattel in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the chattel.
False Imprisonment: A person is liable for false imprisonment when they Intend to commit an act of restraint that results in confinement in a bounded area.
Intentional Infliction of Emotional Distress: A defendant is liable if they acted: (1) Intentionally or recklessly; (2) Inflicting severe emotional distress (3) Through extreme and outrageous conduct.
Slander per se: is an oral defamatory statement to one or more parties. The plaintiff need not prove damages when the statement is (1) about or concerning the plaintiff’s business or profession. (2) that the plaintiff has committed a serious crime. (3) imputing the chastity of a woman; (4) that the plaintiff has a loathsome disease. (either VD or leprosy)