Legal Question in Administrative Law in Kansas

my daughter, son my neice went into walmart on sunday the 1 of nov and my daughter was accused of steeling, They have no proof and they cops were called. The cop told me himself I should sue Walmart for harrsing my daughter and first and for most cause they held her in a closed room and would not let me back there. The cop said they looked at the video and there is no proof at all that she stoled anything, but they continued to accuce her and harrising her and making her feel like she was a bad person. When I arrived they refused to let me back there and my daughter is under 18 and did nothing wrong. I want to know if I have anything to stand on. I feel they broke the law by holding her with out calling me and refusing me to come back there. They treated my daughter like a criminal when they had no proof. They continued to tell the officer that she had done things before in walmart and they have no proof of that and there is no write up's of any kind. They have a case number and the officer said he would be a witness to the fact they they harresed her and accused her of something she did not do. Is it not against the law to hold a minor in room with out her parent or gardian present or a cop? I want them to pay for stress as we sat there for over 3 hours and, and loss of my wages as I had to leave work. Now my daughter who is a very good girl in school and has a job and never been in trouble before is embrassed and humilated and has been told she can never set foot on walmart property in any state.


Asked on 11/04/09, 2:56 pm

1 Answer from Attorneys
Anthony Smith LawSmith

this may be a case of false imprisonment. You could sue Walmart as the next friend of your daughter. Walmart will be very reluctant to pay anything without being sued, but they may pay some of yoru damges to avoid a trial. at the very least, you might cause Walmart to assess how this particualr store is handling loss prevention. That is someothing I guess you wish the last kid's parents had done. If you get a copy of hte police a report and consult directly with a civil attorney in your area, they can probably give you advice that is more specific to your situation. Many offer a free or low cost initial consultaiton.

Good luck

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Answered on 11/18/09, 3:29 pm


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