Q4.This
nursing home administrator has a daughter he's sending to law school
and he knows he could be liable for locking up an unwilling mentally
competent person, so instead of locking the door he simply takes Mr.
Newman to his room and has him remove all of his clothing except his
Jockey shorts. The administrator locked Mr. Newman's clothes in a
locker and told him, "You're free to leave." Has Mr. Newman
been restrained? (Choose the
best answer)
It
depends on whether leaving in just his underwear would pose a risk to
Mr. Newman's health or safety.
.
It
is restraint because Mr. Newman would have been arrested for indecency
if he had left in just his underwear.
This
is still restraint because Mr. Newman shouldn't have to choose a means of
escape which injures his dignity.
This
is not restraint because freedom is more important than modesty.