Legal Question in Civil Rights Law in Maryland

Juvenile Detainment

My 14 year old African-American Daughter was detained for playing a tag game in a mall with a White Male, who was not detained. She asked to call me asap. Was told No until she gave them some information regarding Name/Address/Phone and a PHOTO of her without her consent by THREAT OF ARREST. She was never suspected of Shoplifting and has no criminal history. A Cerified letter arrived later telling me she was banned from the mall for a year and threatened to arrest her on trespassing charges if on the property. Questions: How many Laws were broken here? #1 Call Refusal to parent by a minor (Are Miranda Laws Applicable to Juvenile Detainment)

#2 Photographing a minor without consent

#3 Tresspassing Arrest Threat vs Loittering

Final Note--All the Teens are hanging out at the mall, She always has money to buy things, but they prefer to stand around and talk.


Asked on 5/30/09, 12:09 am

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

Re: Juvenile Detainment

There may be false arrest, false imprisonment, and civil rights claims (relating to the failure to detain the white person who was also involved). These are civil claims.

You can also file a police report regarding the mall's actions.

In circumstances like this, pursuing the matter in civil court may be the best route. However, the two alternatives are not mutually exclusive.

If you want to discuss this further, please contact me.

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Answered on 5/30/09, 3:37 pm


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