A Report On The Law Of Immunity Of Merchants And Agents

801 WordsApr 9, 20174 Pages
Under an Indiana false imprisonment statute, that allows for immunity of merchants and agents who have probable cause and conduct the detainment in a reasonable manner, is an establishment immune from the charge of false imprisonment alleged by a customer, when they were stopped at the front of the store near the restrooms, detained, questioned, and then soiled themselves, at which point the establishments agents escorted them through the public store to clean and change in the restrooms. BRIEF ANSWER No. More than likely an establishment will not be afforded immunity in this situation against a customer. For a defendant to be granted the defense of immunity in a false imprisonment claim, the defendant must prove that they had…show more content…
Interview, para. 4. Mr. St. Clair was first noticed by Mr. Albertson at approximately 1:45pm, as Mr. St. Clair was approaching the checkout lanes. Bargain City Incident Report, February 24, 2017, para. 1, (hereinafter “Report”). Mr. Albertson notice that Mr. St. Clair had passed the checkout lanes and was gaining speed towards the front door. Mr. Albertson also notice that Mr. St. Clair had a cart full of merchandise, specifically a Play Station 1 on top. Report, para. 1. Mr. Albertson was worried that Mr. St. Clair was trying to leave the store without paying for his items so he yelled for him to stop. Mr. St. Clair did not respond to the demand of Mr. Albertson and continued towards the entrance, gaining even more speed. Report, para. 1. Mr. Albertson then intercepted Mr. St. Clair near the men’s bathroom and detained him for shoplifting. Report, para. 1. Mr. Albertson reported that Mr. St. Clair was flustered and frantic as he tried to wriggle out of Mr. Albertson’s grip and was shouting, “I haven’t done anything wrong! I just need to go!” Report, para. 2. Mr. St. Clair was ultimately detained in the stores security office where he was sweating profusely and continued to say he “really had to go.” Mr. Albertson disclosed that Mr. St. Clair said other comments that he could not understand. Report, para. 3. Mr. St. Clair claims that he repeatedly told the officers that he needed to go to the bathroom because he had Crohn’s
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