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  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  2. #2
    panther10758 Guest

    Default 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!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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?

  4. #4
    panther10758 Guest

    Default Re: Shoplifting Charges Dropped - WalMart Now Wants Money for Civil Damages

    or take it to corporate if he was mistreated during detainment!

  5. #5
    Join Date
    Oct 2006
    Posts
    2

    Default 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.

  6. #6
    panther10758 Guest

    Default 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

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