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?

