dept. store accused customer of stealing

[cawkazn]

What is the name of your state (only U.S. law)? usa, california


If you go shopping at a department store such as macys for example, and when you walk out, cops pull up and put you in hand cuffs, and you are accused of stealing several items from the store when you in fact stole nothing at all, can you sue the dept. store for defamation of character? would it even be worth pursuing?

 

[The Occultist]

So, actual cops put you in cuffs? not store security? So, the police arrested you and you wish to sue the department store? Really?

Might I inquire as to why anybody thought you stole something?

 

[The Occultist]

In case anybody is interested, this poster has a real interesting posting history. I read his previous posts and found myself quite amused.

 

[cawkazn]

sure i can tell you what happened. I walked into macys, looked at the cologne section, sprayed a few "tester" bottles, and walked out. Once I walked out, cops pulled up, put me in hand cuffs, and the loss prevention guy who watches the cameras for the store came out, accused me of stealing cologne, after I was searched, they brought me inside to view their cameras. They said it "looked" like I stuck something in my pocket when I didnt. I told them I didnt steal anything and they let me go. main point being I didnt steal anything, i didnt attempt to steal anything, they didnt have any proof of me stealing anything, yet I was handcuffed and accused of stealing. The loss prevention guys exact words were, "yes I saw him steal something" so if someone wouldn't mind answering my question that would be great, and I will be quite amused.

 

[quincy]

To answer the two questions you asked in your first post: Yes, you can sue for defamation, because anyone can sue for pretty much any reason at all but, no, a defamation lawsuit would not be worth pursuing given your description of the incident because you would lose such a suit.

The loss prevention guy thought you stole cologne and called the police. The police responded and investigated and discovered there was no theft and you were released. A complaint made to the police is covered by a "qualified privilege" and cannot be used to support a defamation action unless it can be proved the complaint was made with a knowledge that the complaint was false (or with a reckless disregard for the truth) and with an intent to do harm. That does not seem to be a provable element here. And, although you were embarrassed, no reputational injury resulted. Reputational injury is the cornerstone of any defamation action.

You could complain to Macy's about your treatment but, beyond that, there is little you can do.