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Elmore v. Cruz2/4/2003
libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights." (emphasis added)
The final judgment of the Trial Court in this case does not indicate that any of the damages awarded to Ms. Elmore were based upon a finding that the City engaged in the intentional infliction of mental anguish. Accordingly, the City's argument is without merit.
For the foregoing reasons we vacate the judgment entered in this case and remand with instructions that the Trial Court determine what, if any, portion of Ms. Elmore's injuries are attributable to false imprisonment and that it award damages solely on the basis of those injuries. Costs of appeal are adjudged against the City of Chattanooga.
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