The following excerpt is from Willey v. Kirkpatrick, Docket No. 13-699 (2nd Cir. 2015):
Likewise, Willey's complaint alleges the elements of a claim for false imprisonment within solitary confinement. This claim, too, he did not hide: "I was in fact falsely imprisoned." J.A. 20. In New York, "[t]o establish this cause of action the plaintiff must show that: (1) the defendant intended to confine him, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement and (4) the confinement was not otherwise privileged." Broughton v. State of New York, 37 N.Y.2d 451, 456 (1975). To succeed on the fourth
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