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  1. #1
    Join Date
    Aug 2018
    Posts
    7

    Default Wrongly Accused of Trespassing in a Store

    My question involves defamation in the state of: Nevada

    This is a long and involved mess, but I'll try to summarize. I live in Nevada, and have been a regular customer at a local bookstore with cafe for over 6 years. Never had any problems. A year ago in Aug 2017, one of the employees filed a civil stalking complaint against me, so the judge issued a TPO. This woman had been very friendly with me for many months, then became angry at me (back in May 2016) for some reason I am not sure of, and stopped talking to me. I had never made any attempt to ask her out, etc. I then stayed away from her for a full year, but did try to mitigate tensions indirectly on 2 occasions over that time (a card and a potted flower), but she ended up accusing me of stalking because of this.

    So, since Aug of 2017 there was the year-long TPO, 4 hearings, plus 5 subpoenas filed by me and questioning of 2 of the Store Managers in court. A couple of weeks ago, the judge dropped the TPO and case, stating he felt I was no actual threat.

    Back in May-June of 2017, I had contacted 4 levels of management in trying to resolve this issue. I first talked to the Store Manager, but several days later, she told me to leave the store, never return, and called the Police and told them I was trespassing and refused to leave; even while I was gathering my personal belongings and explaining to the 2 people at my table that I had been ejected. Under questioning in court, she testified that she had made the call within about "1" minute of telling me to leave. She also told the Police other obvious fabrications. I was not cited on that occasion.

    Then 3 months after my ejection, the SM again called the Police and accused me again of trespassing when I was seen by the Assistant SM on the property of the "adjacent" business talking to a friend. My actual location was corroborated by questioning of the ASM in court. After those hearings, I filed a formal complaint with the PD about the managers' actions, in regards NRS 207.280 "giving false information to the police in regards a crime".

    In short, there was massive over-reaction by the 2 SMs and multiple lies told to the Police. As I see it, the SMs tried to "frame" me twice for trespassing. Furthermore, the Corporation has apparently barred me from all of their stores in the country, as of about 6 months ago while the case was still in progress. They obviously did this prematurely, and without due diligence in looking at both sides of the situation. I believe I have been wronged by the SM's actions and by the Corporation. This whole thing has caused me a lot of time, trouble, and embarassment over the past year. As I had 30 or more acquaintances at the cafe, I have lost reputation and many of those people are wondering if I really am a bad guy. I would like to sue this corporation for a lot of money. Advice?

  2. #2
    Join Date
    Oct 2016
    Posts
    2,761

    Default Re: Lies and Framing

    I advise you to stop going to the store.

  3. #3
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Lies and Framing

    Quote Quoting Gnomo777
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    Advice?
    Move on. You don't have a case against the corporation. Period. Dead stop. They are not required to do any investigating before banning you. You don't have a case against the first manager. You failed to immediately leave when told to do so, so she called the cops. I don't see a case against the second manager as she may have been mistaken about where you were or were not allowed to be.

    I suppose if you have a lot of money to burn, you could speak to some attorneys about whether they see anything but you are likely tilting at windmills.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,186

    Default Re: Lies and Framing

    Quote Quoting Gnomo777
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    Furthermore, the Corporation has apparently barred me from all of their stores in the country
    Why do you say "apparently"? How was this "apparent" ban communicated to you?

  5. #5
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Lies and Framing

    Quote Quoting pg1067
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    Why do you say "apparently"? How was this "apparent" ban communicated to you?
    For reference, neither the original woman nor the SM work for the corp any longer. The SM had left the corp prior to her being questioned at the hearing. She said she had "retired". She said the corp was banning me, but I didn't see her as being a proper representative of the Corp. No papers or official notification were ever given to me.

    I subsequently went to 3 other stores in different cities while traveling, identified myself to the SMs, and asked whether there was any problem with my shopping there. None of the SMs in those stores had any directions or idea who I was. In the third store, the SM called Corp and put me on the line to someone who told me verbally that I was banned. The SM then told me to leave and I immediately left. I was treated by her like a criminal. What I see is a lot of finger-pointing, based upon a lot of over-reaction.

  6. #6
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Lies and Framing

    Yes, the SM is a proper representative to ban you from all corporate stores. I used to do it when I worked in retail. It would normally be in writing but a verbal trespass can be valid.

    If someone at corporate told you verbally you were no longer allowed in their stores, that's a wrap. You could always contact the corporate offices to get confirmation of the ban.

    Maybe next time don't poke the bear.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,874

    Default Re: Lies and Framing

    Quote Quoting Gnomo777
    View Post
    What I see is a lot of finger-pointing, based upon a lot of over-reaction.
    Neither of which are illegal, and therefore not actionable.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,186

    Default Re: Lies and Framing

    Quote Quoting Gnomo777
    View Post
    For reference, neither the original woman nor the SM work for the corp any longer. The SM had left the corp prior to her being questioned at the hearing. She said she had "retired". She said the corp was banning me, but I didn't see her as being a proper representative of the Corp. No papers or official notification were ever given to me.
    It's not clear if this woman told you this while she was still employed or after she "retired," but it doesn't appear to me you have any basis to believe you actually have been "barred . . . from all of [the company's] stores in the country," except for:

    Quote Quoting Gnomo777
    View Post
    In the third store, the SM called Corp and put me on the line to someone who told me verbally that I was banned.
    Needless to say, the company is entitled to ban anyone it wants and for almost any reason. I strongly suspect that, had you not raised the issue yourself, nothing would have come of this.

    You have no conceivable claim against the company because, even if you are banned, that act is a legal act and not something that could give rise to a defamation claim or any other claim.

  9. #9
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Lies and Framing

    For clarification, the SM had worked for the corp for 15-years, but had "retired" (in her own words) 3 weeks after I had subpoenaed her, and prior to her appearing at the hearing. She was no longer a corp employee when she testified. Of course, 4-days after she testified she unretired and started a new job, as I came to find out. Bag of worms.

    When I was subsequently traveling, I didn't want to walk into some store in another city to shop, and then have the police show up and arrest me, so I went to the trouble to talk to the SMs first in each store I visited.

    My real issue is that I see the original SM and ASM, while being corporate employees, as trying to "frame" me for trespassing twice. Maybe the whole thing is just too iffy, but I've seen other cases where people have brought suit for much lesser issues.

  10. #10
    Join Date
    Feb 2008
    Posts
    1,103

    Default Re: Lies and Framing

    find another bookstore/cafe to hang in...for some reason you made these ladies uncomfortable to go to such great lengths.... and their corporation is backing them up. Fair or not...it is what it is. And it is legal. Because why would you want to still support this corporation if they treated you so badly?

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