Catencamp v. Albright, 11925
| Decision Date | 04 March 1977 |
| Docket Number | No. 11925,11925 |
| Citation | 251 N.W.2d 190 |
| Parties | Dennis N. CATENCAMP, Plaintiff and Appellant, v. Harry J. ALBRIGHT, Defendant and Respondent. |
| Court | South Dakota Supreme Court |
Gary W. Conklin, Robert B. Looby, and Nancie J. Dugan, of Looby & Conklin, Pierre, for plaintiff and appellant.
Thomas G. Fritz, of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and respondent.
This is an appeal from a summary judgment in favor of defendant handed down by the Circuit Court of the Seventh Judicial Circuit. Plaintiff claims the trial court erred in not finding that there was evidence to support his claim of false imprisonment. We affirm.
This dispute arose while the plaintiff was operating a business in Rapid City, South Dakota, called "Mr. Cycle" during a period from April 1, 1974, to September of 1974. This business was subject to the South Dakota Sales and Use Tax laws. In particular issue was a third-quarter sales tax return due on October 15, 1974. The defendant, employed as a field auditor for the Sales and Use Tax Division of the South Dakota Department of Revenue, contacted plaintiff on several occasions between December 9, 1974, and January 21, 1975, relative to filing this delinquent return. Finally, plaintiff came to defendant's office on February 4, 1975, and the defendant assisted plaintiff in filing an amended second-quarter return, as well as the delinquent third-quarter return. The third-quarter return allowed credit for an overpayment of $144.99 in the amended second-quarter return and also credited plaintiff with $17.91 in bad debts. After allowance of these credits, plaintiff owed $77.31 which he did not pay. After several warnings, defendant contacted the state's attorney and requested that a complaint be filed against plaintiff for failing to pay the sales tax due and owing the State of South Dakota under the third-quarter return. As a result of this complaint, plaintiff was arrested, appeared in magistrate court, plead guilty to the charge, and was fined $25 and costs on April 1, 1975. On April 18, 1975, plaintiff, again with the assistance of defendant, prepared an amended third-quarter return showing a number of bad debts which eventually resulted in a refund of sales tax in the amount of $140.11.
On the basis of these facts, plaintiff now contends that he owed no tax at the time he was arrested and plead guilty to the charge of failing to pay sales tax for the third quarter, and that this amounted to false imprisonment. Plaintiff readily admitted in his deposition that he had discussed these other bad debts with the defendant on February 4th when the original third-quarter return was prepared and filed, but that he did not claim them as he was hopeful the debts could be collected.
Under these facts, the trial court properly found that there was no basis for the claim of false imprisonment and properly granted summary judgment to the defendant.
In South Dakota, false imprisonment contains two elements: (1) detention or restraint of the person, and (2) unlawfulness of such...
To continue reading
Request your trial
-
Heib v. Lehrkamp
... ... Catencamp v. Albright, []251 N.W.2d 190 [, 191 (S.D.1977)] ... McGillivray v ... ...
-
Lipsky v. Cronin
... ... N.W.2d 796, 801 (S.D. 1979) (Henderson, J., concurring); ... Catencamp v. Albright, 251 N.W.2d 190, 191 (S.D ... 1977) ... Defendants ... ...
-
McGillivray v. Siedschlaw
...or request assists or abets in an unlawful arrest and detention of another is liable for false imprisonment. Catencamp v. Albright, 1977, S.D., 251 N.W.2d 190; Burkland v. Bliss, 1933, 62 S.D. 91, 252 N.W. 25; Tredway v. Birks, 1932, 59 S.D. 649, 242 N.W. 590; Culver v. Burnside, 1920, 43 S......
-
Chien ex rel. Chien v. City of Sioux Falls, Civ. 04-4051-KES.
...Imprisonment or Arrest False imprisonment requires the plaintiff to prove he was detained or restrained unlawfully. Catencamp v. Albright, 251 N.W.2d 190, 191 (S.D.1977). An action for false imprisonment cannot stand if the detention or restraint is pursuant to legal authority. Id. In other......
-
Initiating litigation and finalizing the pleadings
...two elements, “(1) detention or restraint of the person, and (2) unlawfulness of such restraint or detention.” Catencamp v. Albright , 251 N.W.2d 190 (South Dakota 1977). Thus, while the basic concept of false imprisonment is the same and you should always watch for it in your sexual harass......