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Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages

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  • 10-18-2006, 01:35 AM
    LCNM
    Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    In February of 2006, I went to the local Wal-Mart. I opened a small piece of makeup (less than $5) and decided that I did not want it. I placed the item somewhere in the makeup department and proceeded to look at other items. I then picked up a tube of lipstick (did not open it), decided I did not want it, and placed it on the shelf.

    As I walked out of the store, nearly half an hour to 45 minutes later, I was quickly approached by two male security guards. It was approximately 1 pm in Las Cruces, New Mexico -- so it was sunny and daylight out that day. The two security officers asked me to return the items that I had stolen, and I replied to them that I did not steal any items. Only one security officer spoke the entire time, telling me that they knew I had the items and to return them. I told him again that I did not have any items, and said he could search my purse. I was frantic by this time, crying and sobbing, as I have never had so much as a speeding ticket and am an Honors student at NMSU. I was taken back to a room, where the door was left wide open for the entire time, whilst all of Wal-Mart employees knew and could see how upset I was...this is what was most humiliating.

    The officer kept telling me that they had followed me around the store the entire time that I was there, and had seen me put the items in my purse. I offered once again to allow him to search my purse, and he stated that he did not want to. Finally, after he made several scathing remarks ("I hope you weren't planning on a career in law, I'm going to make sure that this ruins it for you.") At one point, I said, "I swear to God I didn't take anything!", to which he replied sarcastically that my God must be a completely different God than his...meanwhile the other security guard says nothing. Out of frustration, I emptied my purse onto the counter and told him to look through it and search it. Low and behold, they found ABSOLUTELY nothing. A woman was in the office at that time, then she signed a piece of paper and left. I was in the office for at least another half an hour, with only another male security guard -- but the door was open. All of a sudden, the male security guard who had been badgering me got up and walked out of the room. The other security guard was just sitting there and we both sat in the room for about 15-20 minutes. I repeatedly told the security guard that if I had of stolen anything, and they said they had seen me put items in my purse, they would have found them...to which he replied that he had not said anything to me and he never accused me of those crimes. Meanwhile, the store manager comes by and sees how upset I am and seems genuinely concerned. He asks me what is wrong, and I tell him what has happened...he says he will be right back and is going to see what's going on. About 20 minutes later, the other security guard comes back and bring the makeup item that I had supposedly shoplifted and says he found it outside on the ground by the trashcan. He then went on to accuse me of deliberately hiding behind a trashcan when they first approached me. I literally was dumbfounded, because there is no possible way that that item was in my purse. And I definitely did not hide behind a trashcan or throw it down...besides they would have seen me as it was daylight and they approached me no less than 2 steps out of the store. I told him this, and mentioned the fact that they knew they were stopping me for shoplifting, so they would have been on alert and very aware had I of thrown a 6 inch object on the ground in broad daylight.

    I repeatedly asked to speak with the general manager, and was told that he was coming later. The police were called, and the security officer asked me to sign some papers -- ones stating that I had shoplifted -- and I refused. He then got really pissed and said I was going to jail. The police handcuffed me and we sat in the office again for another 30 or 40 minutes.

    Needless to say, because of my refusal to sign the papers admitting that I had shoplifted, I was taken to jail and processed. I spent a few hours in jail, until someone could bail me out.

    I immediately retained a lawyer. My lawyer contacted the Wal-Mart security guards, and when they found out that I had retained a lawyer, the one ass-hole guard immediately wanted to know if I would be willing to work out some sort of deal. I was adamant that I not work out a deal. I understand that opening an item in the store is wrong, and can be considered shoplifting, but that was not what I was being accused of. My lawyer asked the security guards if they had the surveillance tape of my walking out of the store and they stated that "No, there is no tape." I was being accused of actually walking out of the store, with an item that I know was not there. I know it sounds like a bad conspiracy theory, but I know I did not walk out of the store with that item. Both security guards would have immediately seen me throw the item, and it does not take 20 minutes for someone to walk outside the front of the store and "find" the item. Anyways, the charges of shoplifting were dropped in court by a judge.

    Meanwhile, I received a telephone call from a law firm representing Wal-Mart stating that they want $225 in civil damages. He immediately asked me if I would like to pay over the phone, to which I replied that I would be contacting my lawyer. He stated that he could not talk to me anymore, and hung the phone up. I have talked to my lawyer, but was wondering if anyone else has a little bit of advice as to how to handle this? I WILL NOT pay Wal-Mart a dime in civil damages, if I haven't been found guilty of any crime. I know that under state law, they do have the right to seek civil damages, but does anyone have any advice on how to fight this? And if Wal-Mart is usually successful in recovering civil damages, as they usually fight everything?
  • 10-18-2006, 07:31 AM
    panther10758
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    Check with your states laws the openning of package could have been a crime! that being said there is a procedure a Loss Prevention Officer (security) MUST follow to make stop these guys did NOT follow that! The civil demand is normal but you have good cause to challange it! I suggest your Lawyer sue this store for false arest! This will net you much more than the civil demand!
  • 10-18-2006, 08:04 AM
    Mr. Knowitall
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    From what was written, the police found probable cause to arrest and it appears that the prosecutor found probable cause to charge. That would ordinarily make it darn hard to establish that the store engaged in a false arrest.
  • 10-18-2006, 08:29 AM
    panther10758
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    I agree Mr. K but I am unfamilar with that states laws if the openning of a package is a crime then he done! However he can still pursue civil issues or take it to corporate if he was mistreated during detainment! I have always encouraged people who came to me as (Loss Prevention Manager) to complain of mistreatment and I have always dealt harshly with those who abuse detainees!
  • 10-18-2006, 08:35 AM
    aaron
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    You're not sure about the state's shoplifting laws, apparently recognizing that shoplifting laws vary by state, but you are sure about civil tort laws? Store disciplinary issues are something quite different from civil liability.

    Under what law can he pursue a claim for unlawful arrest against a store, where both the police and a prosecutor independently concurred that there was probable cause to arrest and to proceed with charges, without it being at best a mountainous uphill battle?
  • 10-18-2006, 08:41 AM
    panther10758
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    or take it to corporate if he was mistreated during detainment!
  • 10-18-2006, 10:19 AM
    LCNM
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    I am not interested in my own civil damages towards Wal-Mart, because I understand that they did have enough evidence to arrest.

    I just thought that it was completely unprofessional the way I was treated.

    The prosecutor actually advised Wal-Mart to drop the shoplifting charge two times, but they refused. Eventually, the office refused the case on lack of evidence and the charges were dropped. I just need advice on how to handle the fact that even though criminal charges were dropped, they now want civil damages.
  • 10-18-2006, 10:22 AM
    panther10758
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    The Civil Demand is completely outside of court. You could take them to court (Civil court) since case was dropped but they are within their rights to pursue Civil Demand. You admission of guilt doe snot help fighting this. You could file a separate suit for treatment you recieved by LP and/or contact corparate office to resolve this
  • 10-18-2006, 10:54 PM
    redtoy92
    Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages
    wow.. this is really giving any LP a bad name. What they had was a None productive stop. (NPD) I would have your lawyer or your self get the Human resourse department of wal mart and let them know what happened. THey should look into the matter and that LP who was a asshole should be fired. Keep your lawyer close and just go about it day by day.
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