May
06
2014

Shoplifters Beware — Motion for Summary Judgment for Merchant Accusing Plaintiff of Shoplifting Offense

The Federal District court dismissed the plaintiff’s case in its entirety following our motion for summary judgment made on behalf of the client, a national retail store.  Plaintiff, a minor, had claimed emotional injuries following his arrest for suspicion of shoplifting in the store.  The plaintiff’s friend with whom he was shopping ultimately admitted to taking the item in question.  However, the plaintiff had been arrested along with his friend after fleeing the store when approached by the manager.  Both were ultimately located and the police drafted complaints against the two teenagers, which the complaining manager then signed.  Plaintiff claimed that the manager should have known he did not steal the item from the store as his friend fessed-up to the crime prior to the arrest.  The court agreed with the argument on summary judgment that the merchant had a reasonable basis to suspect the plaintiff had committed an act of shoplifting and therefore was not liable for any “damages.”  Any client who would like more information on this case, please feel free to contact vconnolly@bolanjahnsen.com

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