Legal Question in Civil Litigation in Florida

Recently my mother was falsely accused and arrested of theft from a retail store. The manager of the store did not pursue my mother in the store, but took down her tag, and called the police on her. The police brought the manager to her home, where he stated that my mom was the person who committed the crime. In front of her home, she was handcuffed, placed into a police car, and taken to jail. It wasn't until after my mother was arrested that the manager looked at the video tape to see that it was not my mother who stole from their store. Does my mother have a civil case against the retailer for defamation?


Asked on 4/03/12, 4:27 pm

3 Answers from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

Quite possibly and for false arrest and maybe false imprisonment as well. There is a statute that lends some leeway to stopping and searching a suspected shoplifter, but this appears to have gone well beyond that. Obviously, we would need to know more details and determine her damages to conclude the value of the case. I have frequently found that retailers are very sensitive to these claims and will settle to avoid a lawsuit.Please call us if you wish to discuss it further. Thank you.

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Answered on 4/03/12, 5:48 pm
David Slater David P. Slater, Esq.

For False arrest and negligence.

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Answered on 4/03/12, 6:24 pm
Michael Tobin Michael M. Tobin, P.A.

No question but a case of false arrest. Was her arrest witnessed by any neighbors?

Call if this is a Miami-Dade County case. Cell 305-305-3351.

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Answered on 4/04/12, 9:43 am


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