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McCann v. Wal-Mart Stores Inc

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					                              McCann v. Wal-Mart Stores Inc

                                210 F.3d 51 (1st Cir. 2000)



Parties:

                Plaintiff – Debra, Jillian and Jonathan McCann, – Wal-Mart customers
                who were accused of shoplifting and detained by Wal-Mart

                Defendant –Jean Taylor and Karla Hughes – Employees of Wal-Mart
                who wrongfully accused P’s children of stealing from the store.

Facts:

       Wal-Mart employees stopped the P as they were about to leave the store and
said that P’s children weren’t allowed in the store because they were caught
shoplifting a couple of weeks earlier. The employees told the P that they had to
come with them and that they were calling the police. The employees then stood
guard over the P until the security guard came by to identify the alleged shoplifter.

Procedural Posture:

      The jury awarded P with $20,000 in compensatory damages. Wal-Mart
appeals, claiming that P didn’t prove false imprisonment.

Issue:

         Whether P has a valid claim for false imprisonment?

Holding:

         Yes.

Ruling:

         The court affirmed the trial court’s ruling.

Rule:

       The actor which is intended to , and does in fact, “confine another within
boundaries fixed by the actor where in addition the victim is wither conscious of the
confinement or is harmed by it.

Legal Reasoning:

       The direction to the P, the reference to the police, and the continued
presence of the Wal-Mart employees were enough to make a reasonable person
believe either that they would be restrained physically if they tried to leave, or that
the store was claiming lawful authority to confine them until the police arrived.
Actual physical restraint isn’t necessary for a person to have a valid claim for false
imprisonment.

				
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posted:9/30/2010
language:English
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