Diaz v. Lockheed Electronics

(specially concurring).

I specially concur.

Plaintiffs, when discharged as employees of Lockheed, sued defendants for damages arising out of defendants’ conduct which “deprived each Plaintiff of his liberty without lawful justification and amounted to false arrest, false imprisonment and kidnapping .. ..” Defendants were granted summary judgment and plaintiffs appeal.

In summary judgment proceedings, defendants must first make a prima facie showing that there was no genuine issue of material fact as to false imprisonment. The burden then shifts to plaintiffs to come forward and demonstrate that…