Legal Question in Civil Rights Law in California

falsely accused of shoplifting

i recently visited great america in santa clara california. i was detained for 1hour 1/2 property searched and forced to sign a paper admitting that i intended to take the item without purchasing it when i decined they said they would detained me until i signed during this ordeal i started to fell faint and chest pains and they would not allow my husband to come and get me they detained until i signed the paper shortly after that they still detained me until they escorted me out of the park and was told they would arrest me if i came back this season i ended up in the emergengy room for chest pains nausea and feeling faint my blood pressure was high and the dr stated it was due to the stressful situation i endured.

do i have any legal rights?


Asked on 7/07/08, 12:06 am

2 Answers from Attorneys
Gordon Fauth Fauth Law Offices

Re: falsely accused of shoplifting

You may have a civil case for false imprisonment/arrest and other claims against Great America, but it depends on the specific facts. It depends in large part on whether they had probable cause to believe you had shoplifted the item, such as (but not only) a security person saying he saw you take the item and begin leaving the premises without paying, etc. Even where there is probable cause, the detention has to be for a reasonable time for the purpose of investigating, and under reasonable conditions. If they detained you for 1 1/2 hours without calling the police, just to coerce you into signing an admission, that does not sound reasonable. Likewise, if they ignored your report of chest pains. Feel free to contact us if you want to discuss this further. Gordon Fauth, 510.238.9610, [email protected].

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Answered on 7/07/08, 12:41 am
Gordon Fauth Fauth Law Offices

Re: falsely accused of shoplifting

You may have a civil case for false imprisonment/arrest and other claims against Great America, but it depends on the specific facts. It depends in large part on whether they had probable cause to believe you had shoplifted the item, such as (but not only) a security person saying he saw you take the item and begin leaving the premises without paying, etc. Even where there is probable cause, the detention has to be for a reasonable time for the purpose of investigating, and under reasonable conditions. If they detained you for 1 1/2 hours without calling the police, just to coerce you into signing an admission, that does not sound reasonable. Likewise, if they ignored your report of chest pains. Feel free to contact us if you want to discuss this further. Gordon Fauth, 510.238.9610, [email protected].

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Answered on 7/07/08, 12:41 am


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