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What do you think of this false arrest case?

Asked by semblance (1303points) July 23rd, 2010

I am a lawyer evaluating a potential case and I would like to hear opinions. The client is a young woman who was shopping with a friend. They tried on a bunch of clothes and bought some. When leaving the store they were stopped by security, two lady loss prevention (LP) agents. The friend immediately confessed to having stolen some items. Store security said both of them had to “come with us back to the office”, even though the client had nothing on her. The client tried to leave, but one of the LP ladies grabbed her, placed her against a wall, and handcuffed her hands behind her back. They were separated and interrogated. The LP agents tried to get them to admit that they were in on it together, but neither would do so. The police were called, both taken to jail and held overnight. Both were charged with theft. The friend pled guilty and the charges against the client were dismissed. Now she is thinking about suing the store.

Some of you out there are lawyers and I don’t mind a legal discussion. I am well aware of the rules about “shopkeeper’s privilege” and use of reasonable force.

I am most interested, though, in opinions as to how they would look at this case as a juror. As additional information, the client was not really physically injured. The LP woman who restrained her got the upper hand quite easily and the handcuffs were applied correctly. It was physically uncomfortable of course, sitting in handcuffs for hours. The biggest injury was emotional. The client was frightened, publicly humiliated, spent the night in jail (a rather scary place), and dragged through the criminal justice system.

Thoughts anyone as to whether you would likely be sympathetic to the client if you were on the jury?

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