Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
I agree.
There is no reason to bruise someone during a shoplifting case.
To Carl's point, though, you have to find someone that will file the charges.
I want to ask one other point as to the children.
So, if I was robbing a bank and had my kids in the getaway car, it would be okay because they didn't see the actual robbery?
No... you involved the children when they were present at the time of the crime's commission.
I am saying that your attorney will have his/her hands full.
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
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jk
While an LP may have a right to detain you, in most states, that is limited to reasonable use of force, if allowed at all. His aggressive action and the resulting bruise may arguably be considered excessive use of force.
True enough, but I don't know that I'd ever see a ruling that "grabbing" a thief was going to be "unreasonable" use of force unless the employee admitted to doing it to inflict pain and not effect a detention of some kind.
Even an officer - who is trained in detention techniques and held to a higher standard - is not likely to face criminal or civil charges for leaving a bruise while detaining a suspect. It's possible, but I suspect it is a remote possibility.
- Carl
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
We know LP grabbed OP but was OP attempting to leave or give that impression. This will be tough one. Carl's suggestion is best complain to Walmart
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
Before we get off on a tangent, let's circle back to the crux of the question.
While you may have been treated harshly by loss prevention, the tactics, at first blush, seem legal.
If you believe you have been harmed, contact the police and/or Walmart corporate office in Bentonville, AR.
The possiblity that you may or may have not been harmed by the LP is not a "get out of jail free" card for the theft.
Those are separate incidents... one does not cancel out the other.
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
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cyjeff
I agree.
There is no reason to bruise someone during a shoplifting case.
A bruise does not - by itself - indicate unreasonable force. Some people bruise at the drop of a hat, and someone who is untrained may very well grab a person pretty hard to prevent their escape ... you average Wal-Mart employee is probably not trained in how to apply a proper rear wrist-lock.
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No... you involved the children when they were present at the time of the crime's commission.
Yep. Out here we would certainly forward it to CPS ... even if nothing happened, it would be more than enough to open a case.
- Carl
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
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cdwjava
True enough, but I don't know that I'd ever see a ruling that "grabbing" a thief was going to be "unreasonable" use of force unless the employee admitted to doing it to inflict pain and not effect a detention of some kind.
Even an officer - who is trained in detention techniques and held to a higher standard - is not likely to face criminal or civil charges for leaving a bruise while detaining a suspect. It's possible, but I suspect it is a remote possibility.
- Carl
that is why the "may" and "we will never know the complete details".
If it is as simple as OP presented, I can see a possibility (not a criminal action but a civil one) but it is extremely dependent on exactly how things went down.
From what I have read, N Carolina allows the use of "reasonable" force to detain.
Somebody will have to determine what "reasonable" is in this particular situation. If the OP made no action to resist, if I were on a jury, I would see the injury as unreasonable (with no other facts presented). If there was an action to resist, then LP guy is safe. It will, if it gets that far, be up to those privy to the exact details, from both sides of the aisle.
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
I can't see that just grabbing his arm is going to be seen as UN-reasonable unless he was already completely complying and walking the direct he was told. Even then, the grabber would likely need to supply only a minimal belief (even if erroneous) that the subject might flee.
Yes, it's fact dependent. In a criminal prosecution, the "victim" will have little credibility being a thief and a DA would not likely bring that to trial; and in a civil trial, it is doubtful that the plaintiff would pursue an action in an incident where there are no damages to claim.
I just don't want anyone thinking a bruise is the sole PROOF of anything unlawful or the cause of any civil tort.
- Carl
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
Some people also bruise more easy than others. You will need to prove the excessiveness of the force to successfully win any civil suit. The LP will likely come back and say how uncooperative you were and what he did was necessary. He will also have proof of his version of the story when he provides the fake SS#, address, etc. that you gave him.
You mentioned that you were on disabilty due to a physical and mental disabilty. In some states it is required that your actions be forward onto CPS/DFS because your children were with you. Whether or not they witnessed anything does not make a difference. If you have a history of mental illness, my guess is that if they do get wind of this offense, you will have them on your back for quite sometime... meaning 30 days will be a picnic. Be sure you inform your attorney.
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
I know that DSS CAN get involved with my family for my daughter being present when I concealed the goods...BUT, they have 24 hours to start investigating a case after it is reported.I used to be a social worker for 7 years,so I know how they work.It has been more than 24 hours, so I seriously doubt that they were even called. Even if they do come out,9 times out of ten, NOTHING will happen.Thanks for the advice! Have a good day! :)
Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods
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Nevaeh75
I know that DSS CAN get involved with my family for my daughter being present when I concealed the goods...BUT, they have 24 hours to start investigating a case after it is reported.I used to be a social worker for 7 years,so I know how they work.It has been more than 24 hours, so I seriously doubt that they were even called. Even if they do come out,9 times out of ten, NOTHING will happen.Thanks for the advice! Have a good day! :)
That was pretty self confident and cold:(