Injured by LPs During an Arrest for Shoplifting

[Bluefairy]

My question involves criminal law for the state of: Minnesota. I went to a store and shoplifted an item under sixty dollars. After exiting the building I was tackled to the ground without warning. I was punched a couple of times in my stomach and even a bite in the arm. I ended up getting to my car where I realized it was the workers from the store. I tried to get into my car as they were punching me and kicking me. One of the workers threw my glasses and keys. I ended up running to get my glasses. I was chased and circled back to my car where I got in and locked the door. One of the men showed me my keys and tried to break my car key in front of me. The same man said I was a stupid bitch and he was going to put me on Facebook and took pictures of me with his phone. Another man was leaning over my sun roof yelling obscenities. Finally,the police arrived and gave me a ticket of misdemeanor shoplifting and let me go. My right arm is covered with bruises and my right side. My left arm is scrapped up and I think my right shoulder has tendon injuries. I am not sure what to do since it happened. I just think the stores employees went way beyond the law for a citizens arrest. Am I right? What should I do? Were they within their rights or do I have action for a lawsuit or denial of the misdemeanor charge. They also grabbed my purse and looked in it. I thought citizen's arrest were only for felonies or obvious public crimes in Minnesota. They didn't announce who they were before I was tackled, hit, and bit. I'm confused, embarrassed, and sore.

[Taxing Matters]

Document your injuries before they fade (e.g. photographs, etc) and see a medical professional promptly for any treatment you need. Then contact the store to make a claim for the injuries you suffered or see a personal injury lawyer for help. The store employees are not permitted to simply attack suspected shoplifters. They may only use the amount of force needed to stop you and no more. They should have first asked you to stop before using any physical force.

[Mr. Knowitall]

You can talk to your criminal defense lawyer about whether there's any security video from the incident and, if so, obtain a copy.

Subd. 1. Circumstances justifying detention.

(a) A merchant or merchant's employee may detain a person if the merchant or employee has reasonable cause to believe:

(1) that the person has taken, or is taking, an article of value without paying for it, from the possession of the merchant in the merchant's place of business or from a vehicle or premises under the merchant's control;

(2) that the taking is done with the intent to wrongfully deprive the merchant of the property or the use or benefit of it; or

(3) that the taking is done with the intent to appropriate the use of the property to the taker or any other person.

(b) Subject to the limitations in paragraph (a), a merchant or merchant's employee may detain a person for any of the following purposes:

(1) to require the person to provide identification or verify identification;

(2) to inquire as to whether the person possesses unpurchased merchandise taken from the merchant and, if so, to receive the merchandise;

(3) to inform a peace officer; or

(4) to institute criminal proceedings against the person.

(c) The person detained shall be informed promptly of the purpose of the detention and may not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's will. A merchant or merchant's employee may not detain a person for more than one hour unless:

(1) the merchant or employee is waiting to surrender the person to a peace officer, in which case the person may be detained until a peace officer has accepted custody of or released the person; or

(2) the person is a minor, or claims to be, and the merchant or employee is waiting to surrender the minor to a peace officer or the minor's parent, guardian, or custodian, in which case the minor may be detained until the peace officer, parent, guardian, or custodian has accepted custody of the minor.

(d) If at any time the person detained requests that a peace officer be summoned, the merchant or merchant's employee must notify a peace officer immediately.

Subd. 2. Arrest. Upon a charge being made by a merchant or merchant's employee, a peace officer may arrest a person without a warrant, if the officer has reasonable cause for believing that the person has committed or attempted to commit the offense described in subdivision 1.

Subd. 3. Immunity. No merchant, merchant's employee, or peace officer is criminally or civilly liable for any action authorized under subdivision 1 or 2 if the arresting person's action is based upon reasonable cause.

What did the arresting officer say when you reported what happened to him, and showed him your injuries?

[Ohiogal]

I find it interesting that she wants to sue when she is a thief. The whole unclean hands doctrine. Maybe she should quit stealing stuff and actually follow the law. Then she wouldn't be subjected to this. After all Michael Brown was called a thug for stealing cigars and was shot to death. This idiot got off lightly.

[Bluefairy]

The officer went and talked to the men after I told him but did not charge them to my knowledge. A lot of my bruises came later. Does the punching, biting, and tackling considered unreasonable force. They never identified themselves and asked me what I took while holding me and looking through my purse.

The person detained shall be informed promptly of the purpose of the detention and may not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's will.

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[Mr. Knowitall]

I find it interesting that she wants to sue when she is a thief. The whole unclean hands doctrine.

"Unclean hands" is not a defense to a personal injury case.

The officer went and talked to the men after I told him but did not charge them to my knowledge.

Then your claims and reported injuries should be documented in the police report, and you can discuss the content of the police report with your criminal defense lawyer.

Bite marks would have been present immediately, and thus would have been observed by the police officer.

They never identified themselves and asked me what I took while holding me and looking through my purse.

You are free to argue that they did not identify themselves while you were running away from them and fighting with them, but clearly they did ultimately inform you that they were LPs and were arresting you because you had been caught shoplifting.

With due respect to your possible confusion, very few shoplifters are actually confused when LPs start chasing them, demanding that they stop, even before they add, "Because we're LPs and we caught you shoplifting."

[Bluefairy]

That doesn't help. Please, do not post on this thread if you're going to insult me and not help. I am asking for help not hate.

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No disrespect taken but I was not informed before I was tackled to the ground. And yes the officer saw the bite and scratch marks but not all the bruises and not to my knowledge do anything. They never said lp's or anything of the source and I wasn't running away. Sigh. You are adding facts to my story that never happened. Please, just the facts not embellishments on my rights. Thank you.

[Ohiogal]

That doesn't help. Please, do not post on this thread if you're going to insult me and not help. I am asking for help not hate.

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No disrespect taken but I was not informed before I was tackled to the ground. And yes the officer saw the bite and scratch marks but not all the bruises and not to my knowledge do anything. They never said lp's or anything of the source and I wasn't running away. Sigh. You are adding facts to my story that never happened. Please, just the facts not embellishments on my rights. Thank you.

So you want people to post only what you want to hear. Poor baby. How horrible that you were injured and didn't make a clean get away with the stuff you stole. How horrible that you were detained. It is so horrible that you were injured. Thankfully you weren't killed like Michael Brown was when he was accused of stealing cigars. You could have been gunned down in the back.... oh my.. how how horrible. Sue the bad people in court and make sure they have to pay you millions of dollars.

Does that make you feel better now?

[Mr. Knowitall]

That doesn't help. Please, do not post on this thread if you're going to insult me and not help. I am asking for help not hate.

It appears that you are having difficulty understanding the information that is being provided to you in this thread. I suggest that you have a long discussion about these issues with your criminal defense lawyer.

[adjusterjack]

I am asking for help not hate.

I don't have any sympathy for you either but the fact remains that you probably do have a personal injury case for use of excessive force. Police get sued for that quite often.

Consult a personal injury attorney.

No need for you to come back here for more abuse.