Re: Cause For Lawsuit? - False Accusation And Refusal For Detention
They do not HAVE to "sequester" you simply because you request it.
They are under no obligation to provide you with those names. And, if the manager had been willing to sign a citizen's arrest (or NY's equivalent), then you should have been arrested. For whatever reason, that did not happen.
I have since spoken to both store managers, and the COO – they refuse to provide names of the accuser and the uniformed person and said I should have been arrested.
NO detention is "mandatory". However, a detention is permitted by law enforcement, and a private person's arrest is permitted with cause. in this case, apparently a manager alleged they saw you steal the items - that is "cause".
My question is:
1) Is detention a NY State mandatory after a suspect is initially questioned?
What do you WANT to do? What are you seeking? They have a right to detain shoplifters. I suspect the most that you can expect here in apology of some kind, but i doubt that will happen as i do not see where they did anything wrong here. Plus, why will they be willing to expose themselves to a potential lawsuit by admitting they did something wrong when, it appears, they did not?
2) What can I do if corporate is unresponsive?
Only if the reason for the detention was the color of your skin. Nothing in your post indicates this is an issue.
3) Controversial: Is it grounds for discrimination if this occurred in a non-ethnic (i.e. white) neighborhood and I am a person of color?
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns