Results 1 to 9 of 9
  1. #1
    Join Date
    May 2010
    Posts
    3

    Default Assaulted by Walmart Security

    My question involves criminal law for the state of: oklahoma
    I was stopped at the door of a Wal-mart in Stillwater by security. He asked me to go back inside. I said no and tried to walk around him. He jumped into my way and requested for me to go back into the store while holding me. i said I don't think you can restrain me. He said He could. I tried to walk away and he threw me into a wall and put me into a choke hold from behind me. I'm certain he had no training! I was charged with assault and petty larceny. I want to sue wal-mart for there policies and lack of training of their employees. He hurt my neck and back. Do I have a good case? How do I find a GOOD lawyer? Surely not the phone book!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Assaulted by Walmart Security

    did the security person have reason to suspect you for shoplifting or did he just pick you out of a bunch of people leaving the building for no apparent reason?

  3. #3
    Join Date
    May 2010
    Posts
    3

    Default Re: Assaulted by Walmart Security

    I had not paid for a $10 item. But I also had a knife on me. If I was mentally unstable, he and other could of be seriously hurt or killed. (instead he hurt me) Through non violent conflict resolution (a state approved method of dealing with physically and mentally handicap people) he would become an observer until the police get there. Because I refused to cooperate, it seems to me, he should let me keep walkin and dail 911 and follow me from a safe distance to my car. write down my licence plate # and let trained officers handle it.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Assaulted by Walmart Security

    §22‑1343. Detention of suspect ‑ Purposes.
    Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner for a reasonable length of time for all or any of the following purposes:
    (a) Conducting an investigation, including reasonable interrogation of the detained person, as to whether there has been a wrongful taking of such merchandise or money;
    (b) Informing the police or other law enforcement officials of the facts relevant to such detention;
    (c) Performing a reasonable search of the detained person and his belongings when it appears that the merchandise or money may otherwise be lost; and
    (d) Recovering the merchandise or money believed to have been taken wrongfully. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained.
    Laws 1967, c. 223, § 2, emerg. eff. May 2, 1967.
    so, what do you think your basis for a law suit is? It appears they have an expressed right to stop you supported by statute.

  5. #5
    Join Date
    May 2010
    Posts
    3

    Default Re: Assaulted by Walmart Security

    "may detain such person in a reasonable manner"... is throwing me into a wall then putting me into a choke hold reasonable? our scuffle lasted about 1 to 2 minutes. I never put my hands on him or struck him. but we went from the wall to the floor thats when he choked me then we got up and he drove me back into the wall. I dont think wal-mart security is adequitly trained to get or be in a physical confrontation. Because Wal-mart didn't supply adequite state recognized trainning, I was hurt in this confrontation.

    It seems that the the reasonable amount of force used to detain a person should be linked to a reasonable amount of training the employee has

  6. #6
    Join Date
    Apr 2010
    Posts
    15

    Default Re: Assaulted by Walmart Security

    Reasonable is force equal the resistance required to detain a suspect barring lethal force. Once you resisted his hold it became assault and he had further means available to detain you. Loss prevention officers are not limited by state approved non violent conflict resolution. Your rights at the point the LP made his stop was to surrender or run once he “palmed” you your resistance escalated your criminal charges. You assaulted him not the other way around. Had you not been guilty of shoplifting you would have as case. My suggestions are pay the civil demand stay out of Wal-Mart and try to get into a diversion program assuming this is your first offence.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Assaulted by Walmart Security

    luv pupies;417567]"may detain such person in a reasonable manner"... is throwing me into a wall then putting me into a choke hold reasonable? our scuffle lasted about 1 to 2 minutes.
    it appears you were resisting so yes, I would suggest the action was reasonable. If you had not resisted, then it would not have been reasonable.

    I never put my hands on him or struck him. but we went from the wall to the floor thats when he choked me then we got up and he drove me back into the wall.
    well, you did post this:

    He asked me to go back inside. I said no and tried to walk around him. He jumped into my way and requested for me to go back into the store while holding me. i said I don't think you can restrain me. He said He could. I tried to walk away and he threw me into a wall and put me into a choke hold from behind me.
    It sounds like you refused to comply every time the guard did anything. You are who necessitated the continued increase in force.



    I dont think wal-mart security is adequitly trained to get or be in a physical confrontation. Because Wal-mart didn't supply adequite state recognized trainning, I was hurt in this confrontation.
    No, because you attempted to steal is why you were hurt. You furthered the possibility by refusing to comply with the initial demands of the security guy.

    It seems that the the reasonable amount of force used to detain a person should be linked to a reasonable amount of training the employee has[
    actually, reasonable is determined by how the detainee responds to each effort taken by the security guard. If he simply grabbed you and started wailing on you without some other less violent means attempted first, that would be unreasonable. The fact he did go by a very clear step by step method and only escalated to the next step once you had shown your intent to refuse to comply, he pretty much is in the clear.

    He asked me to go back inside.
    I said no
    He jumped into my way and requested
    i said I don't think you can restrain me.
    I tried to walk away
    what don't you get that you were in the wrong. You were stealing and a merchant has a right to prevent that. You were mistaken in your belief of the merchant not being able to detain you and use physical force in necessary and now you want to sue them for something that is totally your fault.

    I just don't know what to tell you other than; you are wrong.

  8. #8
    Join Date
    Feb 2010
    Location
    Midwest
    Posts
    35

    Default Re: Assaulted by Walmart Security

    This situation has NOTHING to do with whether or not they were properly trained. Just because Walmart does not train their AP's on physical restraint techniques does not mean that the LP is not trained. Many security people have training that they obtained outside of Walmart. The LP was in their right to physically apprehend you. I dont think you stand a chance at any type of lawsuit.

    I also agree with the above. He warned you VERBALLY to stop snd you refused. You had a chance and he had every right to go to the next step. You had a chance and you blew it.

  9. #9
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Assaulted by Walmart Security

    You stole merchandise. You got an attitude with store personnel. Then you resisted. Your $10 knife as you said, would have caught you a citation in municipal court. Instead you thought you were entitled to steal and Wal Mart felt otherwise.

    I'd save my money (that apparently you don't have) and don't spend time calling attorneys. You probably will hear the same thing.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Can I Defend a Shoplifter Being Assaulted by Store Security
    By TxTaxmaster in forum Criminal Charges
    Replies: 13
    Last Post: 01-07-2010, 08:58 AM
  2. Assault & Battery: Assaulted by 3 Security Guards for No Reason, What Happens Next
    By ryang in forum Criminal Charges
    Replies: 1
    Last Post: 07-19-2009, 06:12 PM
  3. Assault & Battery: Assaulted
    By simcoe in forum Criminal Charges
    Replies: 5
    Last Post: 02-26-2008, 12:21 PM
  4. Assault & Battery: Assaulted at a Bar
    By Jennisam223 in forum Criminal Charges
    Replies: 1
    Last Post: 12-29-2005, 12:47 PM
  5. Assault & Battery: Assaulted at a bar
    By skpman in forum Criminal Charges
    Replies: 6
    Last Post: 12-22-2005, 04:03 AM
 
 
Sponsored Links

Legal Help, Information and Resources