Brief Answer No On A Texas Court Essay

754 Words Nov 23rd, 2015 4 Pages
BRIEF ANSWER NO. 1: Probably no. A Texas court will likely find that an employee who watched a customer and detained him without actually witnessing any theft did not reasonably believe that theft was occurring under the Shopkeeper’s Rule because case law shows that, for a belief to be reasonable, the employee must actually witness theft or attempted theft, and that witnessing mere suspicious behavior does not constitute reasonable belief, although a customer triggering a security alarm may constitute reasonable belief.
BRIEF ANSWER NO. 2: Probably no. A Texas court will likely find that an employee who detained a customer while insulting him, inflicting excessive pain, and inflicting undue humiliation did not detain the customer in a reasonable manner under the Shopkeeper’s Rule because case law shows that, for the manner of detention to be reasonable, the employee must not insult the customer, use excessive force, or subject the customer to undue humiliation, even though it was within the employee’s rights to effect a detention by violence and confinement.
BRIEF ANSWER NO. 3: Yes. A Texas court will likely find that a customer’s detention of 17 minutes was a reasonable amount of time because case law states than an hour-long detention can be found reasonable considering the circumstances of the investigative detention.
DISCUSSION:
Under Texas law, it is more likely than not that a customer will be able to establish a false imprisonment claim against a store when an…
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