Legal Opinion

Drabek v. Sabley

Wisconsin Supreme Court

Decided June 7, 1966PublishedCited by 7 opinions

1Opinion of the CourtFairchild, J.

Interpreting the evidence, where in conflict, most favorably to the verdict, defendant effectively restrained Tom’s physical liberty, and took him into the village for the purpose of having him tell the police officer the names of the other boys. Defendant held Tom by the arm both on the way to the car before driving into the village, and, at times, while they were in the village.

Thus there was false imprisonment unless the restraint was legally justified.1 Except for possible justification, the offensive holding of the arm was also a battery, albeit nominal.

Defendant does not assert that he…

2Cases cited1 opinion

  1. Weiler v. Herzfeld-Phillipson Co.Wisconsin Supreme Court · 1926

3Cited by7 opinions

  1. Walter W. Donald v. Polk CountyCourt of Appeals for the Seventh Circuit · 1988
  2. Thomas C. Lossman v. Mary H. PekarskeCourt of Appeals for the Seventh Circuit · 1983
  3. State v. FergusonWisconsin Supreme Court · 2009
  4. Gerald Polzin v. Peter EricksenCourt of Appeals for the Seventh Circuit · 2015
  5. Drabek v. SableyWisconsin Supreme Court · 1966

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