A suspected shoplifter has settled his civil case against Fry's Electronics for security misconduct while the jury was deliberating the case in San Diego. According to NBC news, Kevin Hoopfer stole a $35.00 laser pointer from a Fry's store in Murphy Canyon in September of 2010. Attorneys for Hoopfer claimed their client, without provocation, was tackled and thrown head-first onto concrete, resulting in a traumatic brain injury. The NBC story indicates the jury had already reached a decision to award Hoopfer at least $10 million in compensatory damages and they were going to consider punitive damages as well. The jury had deliberated for three days as of the time the decision was reached.
California Law on Retail Security
Under California law, now codified in Penal Code Section 490.5, a merchant or his agent may detain someone whenever there is probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the store's premises. The statute, commonly referred to as the "Merchant's Privilege", also permits the use of reasonable, nondeadly use to prevent the escape of the suspect or the loss of the store's property. The Merchant's Privilege provides a defense to civil cases for claims of assault, battery, false arrest and false imprisonment, so long as the actions of store security were objectively reasonable. Each case must be evaluated on its own facts to make that determination, and there are certainly circumstances in which the use of force (such as taking a shoplifter to the ground) would be found appropriate.
The Limitations on Use of Force
Only "nondeadly" force can be used in the context of a shoplift apprehension, and when a security officer has used a weapon (such as a baseball bat) courts have found such conduct outside of the protections of the Merchant's Privilege. The force used must be objectively reasonable in light of the situation. In the case above, Hoopfer claimed he was summarily tackled and thrown head-first onto the concrete. Those actions by security, without apparent justification, would easily qualify as unreasonable, justifying an award of compensatory damages. Beyond that, if a jury finds the security officer acted with malice then punitive damages may be awarded as well.
If you or a loved one has been unlawfully detained and/or injured by store security, a personal injury attorney with considerable experience at handling security misconduct cases can be of assistance. Mr. Ralph is not only an Orange County injury lawyer, he has more than seven years of experience as a retail security professional, giving him considerable insight into these cases.
SOURCE: Settlement Reached in Shoplifter, Fry's Electronics Lawsuit, NBC News San Diego, March 6, 2013, by Paul Krueger and R. Stickney
California Law on Retail Security
Under California law, now codified in Penal Code Section 490.5, a merchant or his agent may detain someone whenever there is probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the store's premises. The statute, commonly referred to as the "Merchant's Privilege", also permits the use of reasonable, nondeadly use to prevent the escape of the suspect or the loss of the store's property. The Merchant's Privilege provides a defense to civil cases for claims of assault, battery, false arrest and false imprisonment, so long as the actions of store security were objectively reasonable. Each case must be evaluated on its own facts to make that determination, and there are certainly circumstances in which the use of force (such as taking a shoplifter to the ground) would be found appropriate.
The Limitations on Use of Force
Only "nondeadly" force can be used in the context of a shoplift apprehension, and when a security officer has used a weapon (such as a baseball bat) courts have found such conduct outside of the protections of the Merchant's Privilege. The force used must be objectively reasonable in light of the situation. In the case above, Hoopfer claimed he was summarily tackled and thrown head-first onto the concrete. Those actions by security, without apparent justification, would easily qualify as unreasonable, justifying an award of compensatory damages. Beyond that, if a jury finds the security officer acted with malice then punitive damages may be awarded as well.
If you or a loved one has been unlawfully detained and/or injured by store security, a personal injury attorney with considerable experience at handling security misconduct cases can be of assistance. Mr. Ralph is not only an Orange County injury lawyer, he has more than seven years of experience as a retail security professional, giving him considerable insight into these cases.
SOURCE: Settlement Reached in Shoplifter, Fry's Electronics Lawsuit, NBC News San Diego, March 6, 2013, by Paul Krueger and R. Stickney
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