The plaintiff sues for wrongful confiscation of personal property.
On the evening of October 18, 2010, on a regularly scheduled post-bedtime check, a duly appointed representative of the Household discovers Plaintiff wetting Freddy One (see Exhibit A) in her mouth and “painting” her headboard with saliva. Household reminds Plaintiff that she has been instructed to abstain from smearing spittle on her headboard and commences action toward the Removal of both Freddy One and Freddy Two.
Plaintiff exhibits distress in the form of tears, wailing and garbled speech — becomes, in a word, fitful. Household requests a repeat of the communication, whereupon Plaintiff asserts that Household does not have authority to remove the Freddies, that she needs them to sleep, and that she was not told in advance that Removal of one or both Freddies would be a consequence of further infractions.
Noted that Plaintiff has never spent a night of her life without at least one of the Freddies.
Household acknowledges the regrettability of the situation but follows through with Removal Proceedings.
Plaintiff insists that she “forgot about that other time”. Household offers the opinion that she will not forget again, because the Freddies are going away for the night. Heightened distress on the part of Plaintiff ensues. Plaintiff wonders what if she promises not to do it again, but Household reminds Plaintiff that that’s what she said the last time.
Household withdraws with the Freddies amid much crying and pleading. Duly appointed representative of the Household reports confusion about whether his actions were justified and whether a more lenient consequence might have been arrived at.
Plaintiff quiesces after one and one half minutes, then asks cheerfully when the other duly appointed representative of the Household will get home.
After eight more minutes, Household returns with intent to soothe hard feelings and engage in empathetic discussion of what has transpired. Plaintiff is already asleep.
Upon deliberation with the other duly appointed representative of the Household, it is decided to return the Freddies so that Plaintiff can be soothed by them during sleep (see Exhibit B).