Legal Question in Personal Injury in Missouri

If I pay for merchandise in Walmart and walk out but refuse to show my receipt to the store greeter, if he physically touches me/ tries to detain me can I protect myself then press charges for assault, libel, and unlawful detainment?

This happened recently. I bought a stereo and subwoofer. On my way out the greeter grabbed me by the arm, pushed me away from the cart and dragged me into the store. I called the police and he was found to be violating my rights. But was very unhelpful. First he admitted that the store clerk had broken the law but said I was wasting his time but he had no problem running a background search on my driver's license which came up empty.

If this happens again I want to retaliate against the employee and store. What kind of evidence should I have to make the process go smoothly, such as recording through a camera phone?

Also if I do resist being unlawfully detained and even if I am the one to call the police if they show up and see a young civilian man holding a clerk in a store uniform wouldn't they just kick my face in and ask questions later?


Asked on 9/08/11, 11:06 am

1 Answer from Attorneys

Anthony Smith LawSmith

Under the facts you described, you may already have sufficient facts to pursue a civil case for assualt, battery and unlawful/false arrest agasint the greeter and WalMart. You may want to consult direlty with a civil attorney in your area. Your damges may be samll, but this sounds like a matter of principle to you.

Good luck

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Answered on 9/21/11, 1:35 pm


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