Legal Question in Civil Litigation in Arizona
Ok, back in December of 2008 I was busted for shoplifting at effing WalMart. My fiancee was busted with me, but his case was dismissed. The security manager falsely accused him of shoplifting and then tried to have him charged with stealing a movie he didn\'t even have or go near, for that matter (the police searched him and me...no movie). The prosecuting attorney for his case told him that his case was, and I quote \"a waste of her time and a waste of his time\" and totally dismissed the charges and never said anything about him being banned from the store; he didn\'t commit any crime. Well, tonight on his way out of the store with his friend, the same security manager stopped my fiancee. She said he was trespassing and already had a gang of 4 officers there. They cuffed my fiancee, took him outside, released him and then gave him a citation and a court date. This is almost 7 months after everything happened and he was dismissed. She\'s SEEN him in the store on a number of occasions since his case was thrown out and never even so much as said \"You\'re not supposed to be here\"; I feel that she was harassing him tonight (and I\'m not the only one who thinks so) because she knew he was dismissed in the first place and because she has a personal vendetta against my fiance\'s friend that was there (he used to work there and she doesn\'t like him). Not to mention the fact that she broke store regulations both times by not calling the manager, which she is required to do every time she stops someone and hauls them into the security room. So my question is this: Is her harassment and prior attempt to charge him with something he obviously didn\'t do. Enough for a lawsuit or other legal action...?
1 Answer from Attorneys
Yes, if it was more than mere mistake. If a store or its personnel reasonably believes someone is shoplifting they have the right to detain that person momentarily until police arrive or let them go if their suspicions are dissuaded. However, this sounds like more of a false reporting with the intent to harm your fiancee and/or his friend. It could also be considered a false detainment/kidnapping. I would suggest finding a lawyer who deals with employment law to advise you further (because you allege she has violated her employer's rules and is out to get the former coworker). Best of luck!
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