Caldwell was shopping in a K-Mart store, carrying a large purse. A security guar

Question

Caldwell was shopping in a K-Mart store, carrying a large purse. A security guard observed her looking at various small items such as stain, hinges, and antenna wire. On occasion, she bent down out of sight of the guard. The guard thought he saw Caldwell put something in her purse. Caldwell removed her glasses from her purse and returned them a few times. After she left, the guard approached her in the parking lot and said that he believed she had store merchandise in her pocketbook, but he could not say what he thought was put in there. Caldwell opened the purse, and the guard testified that he saw no K-Mart merchandise in it. The guard then told Caldwell to return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her put something in her purse. Caldwell left the store after another store employee indicated she could go. Caldwell sued. What kind of suit did she file, and what should be the outcome?

Explanation / Answer

Answer: In the given case, Caldwell can sue the K-Mart store for false imprisonment and the outcome will be in her favour, that is, she will win the case in the court. From the given evidences, it can be inferred that the actions of K-Mart’s security guard were not justified in asking Caldwell to return to the store with him, making her to walk around the store for approximately 15 minutes and falsely accusing her for stealing merchandise from the K-mart store. Initial actions of the security guard where he stopped Caldwell in the parking lot for a reasonable time and in a reasonable manner were still on the grounds of doubt and it was a part of the security guard’s duty. But, extended actions of taking her to the store were not justified as a reasonable investigation and hence, Caldwell can sue the store for false imprisonment and win the case.

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