Can an LP be sued after a bad stop?

[arklp479]

I an a Kohl's Loss Prevention Officer at a Kohl's in Arkansas. I had all 5 of my requirements. The subject in questioned entered the clean fitting room with 9 items. When she exited the associate helping me recovered 5 of those nine items. The entire fitting room and surrounding rooms were clean and she was eh only one in there. When I stopped her I brought her in and she had nothing. I never lost surveilence or anything it was one of the more solid stops i had ever made. She may have been wearing it I didn't notice. But I assumed it was in her purse as it was empty when she entered. Anyway, when she left she swore up and down she was going to sue Kohl's and me. Is this possible can she do this and win? Just wondering.

[arklp479]

Also, a friend of mine who is a rookie cop said Arkansas has something called a 'shop-keepers privledge' in which you can detain somebody if they come willingly if you believe they have taken something and you are immune from lawsuit. Just wondering, don't want to get sued or loose my job.

[aaron]

You appear to be alluding to this statute:

(a)(1) A person engaging in conduct giving rise to a presumption under § 5-36-102(b) may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, merchant, or merchant's employee in order that recovery of a good or may be effected.

(2) The detention by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

It's a bit peculiar, as the language appears to grant immunity only when items are recovered as opposed to the good faith belief of the loss prevention officer.

The consequence for your job, or the possibility of being sued? I don't know. If you are correct, though, and she did manage to steal four items despite your attentions, she probably has a past history of shoplifting and thus may also have a criminal record for theft offenses.