Legal Question in Discrimination Law in Pennsylvania

After working 8Hrs, I stopped at a local gas station for gas, cigarettes, and a soda. after retriving a drink from the cooler in the back of the store and waiting in line to be served cashier locked the door and told me she wasn't going to unlock the door till i took out what i put in my pocket.

I am a 47 year old American born citizen living in Pittsburgh Pa.

Do i have a racial profiling case


Asked on 12/16/10, 9:40 am

2 Answers from Attorneys

Dustin Cole Cole Law, LLC

You may have a civil case for false imprisonment. A merchant's employee, in your case, the cashier, must have probable cause to believe that a theft has occurred or is occurring to detain a person. Without that probable cause, there is liability for false imprisonment. Please feel free to contact my office directly if you would like to speak more about this. 724-981-1962/[email protected]

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Answered on 12/21/10, 10:23 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

It depends. If you had something in your pocket you have no claim, as store employees have some leeway to detain persons who have or are attempting to steal. If you had nothing in your pockets then you have a claim for wrongful detention (imprisonment).

Racial profiling is a hard claim to bring against anyone and is not a claim most lawyers would consider bringing in this circumstance.

Regards,

Roger

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Answered on 12/21/10, 10:28 am


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