• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Safeway racially profiled and humiliated my brother!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Mavurik

Junior Member
What is the name of your state?
California, Santa Clara County

I'm posting here because I want to get some advice on what I should do from this point forward. Here is the event so far:

Last Night, around 11PM:
My brother went to Safeway with two of his friends to get some food. My brother walked in, went to the canned food section because he wanted to get some ravioli or something, looked at a can and put it down, then went to the bathroom. Prior to this incident, Safeway employees had falsely accused him of stealing before so he was careful not to put his hands in his pockets or do anything that would make himself look suspicious. He came out of the bathroom and him and his friend were about to leave when the manager of the store came up to him and said "So are you going to tell me what you stole?" My brother was confused and asked him what he meant when the store manager started yelling at him. I think now is a good time to note that my brother is african-american and the store manager was caucasian. My brother was with his two caucasian friends at the time. One was outside and saw the incident and the other was next to him. So then the manager starts yelling at him and saying he's going to call the police and that he better tell him what he stole.

He was saying this all in front of customers, humiliating my brother and my brother hadn't even left the store nor did he have any items in his possession. After that my brother started getting mad and decided to stick up for himself since this has happened before and asked the store manager if he was the manager. He said yes. My brother then proceeded to ask the store manager for his name and number. The manager blew up. He started yelling at my brother again, asking if he was a lawyer or something and saying he better get out of there before he calls the police. He then scribbled his name on some crumbled up receipt paper. My brother's friend then asked "why did you stop only him and not me?" The manager said, very racistly, "Because blacks and mexicans have been stealing my alcohol" adding insult to injury. So, what? Is race a shoplift indicator now all of the sudden? My brother had shown no indicators of shoplifting. This was clearly based on race.

My brother didn't trust him (and rightly so) because of his behavior so he had him check his name with other employees to make sure he didn't give him a bogus name. My brother's friend then bought some eggs and left.

This afternoon:

My brother told my mom what happend and they went to the store immediately in the afternoon. My mom asked to speak with the manager and she told him everything. She then asked if she could call the police to file a report so she could have proof that this happened and a written statement. The manager wouldn't let her call. She then went to an employee and asked them to call the police when the manager came up to her and decided to let her call. The police came and listened to what happened and then gave my mom a yellow card which has an event number. He said he couldn't make it a criminal case until they finish the investigation.

This evening:

I've worked in Loss Prevention at Nordstrom Rack so I know about this kind of thing. My brother showed no shoplift indicators and he was singled out. He finally got tired of it and decided to stick up for himself when he was falsely accused. We went back this evening because I wanted to get the regional HR manager's phone number as well as the regional LP manager's phone number. We had to talk to the assistant manager and he took us to the back where they didn't have those numbers. I also asked for the store policy but he said I would have to get that from the HR manager of their store. He gave me her number and said they are looking into it. He kept implying that all the employees would get is some disciplinary action but this goes beyond a slap on the hand. My brother has been accused on other occasions by Safeway of stealing and last night he was completely humiliated in front of customers and friends and he hadn't even left the store[//i]. Aside from not having any items and being completely innocent, this stands out to me the most. It shows that the manager was singling him out because he was black.

Today the assistant manager was telling us how Safeway makes every employee go through strict training, and that the managers are trained even moreso. There's really no excuse.

My brother was falsely accused of stealing, humiliated in front of customers and friends, and treated poorly and insulted with racist comments.

I've been looking for advice online and so far people have told me to contact the bar association in my area. They also said I should take a report from the witnesses. I'm thinking of getting a signed report? Should I do that? If so, what should I include? Also, is there anything else I should know?

From my experience in Loss Prevention I know that Safeway is completely in the wrong. We're definitely taking legal action because of how they humiliated him and the fact that this wasn't the first time. Especially because of the manager's comments about blacks and mexicans stealing, which implies that they have been watching blacks and mexicans instead of following shoplifting guidelines which do not include race. That manager should be fired and my brother should be awarded damages/compensation so that Safeway knows they will have to suffer the consequences from their actions. A slap on the hand of employees will not do.

Thank you in advance,
 
Last edited:


racer72

Senior Member
Give it a rest already. Your brother goes into a store, handles merchandise, used the restroom then leaves without buying nothing. Classic example of a thief. If you want to do something, round up a bunch of money, hire an attorney and sue.
 

You Are Guilty

Senior Member
racer72 said:
Give it a rest already. Your brother goes into a store, handles merchandise, used the restroom then leaves without buying nothing. Classic example of a thief. If you want to do something, round up a bunch of money, hire an attorney and sue.
Last I checked, it's not illegal to be rascist. He has no case.
 

Mavurik

Junior Member
No case? Are you kidding? Yea, except for the fact that we have two witnesses and a video. Last time I checked it's not illegal to be black although some people would like to think otherwise. My brother did nothing wrong and he showed no shoplift indicators. Going to the bathroom with no merchandise is not a shoplift indicator. If anything you guys just reassured the fact that this manager was looking for and expecting my brother, a black kid, to steal. When I was working in security falsely accusing somebody of stealing made for a pretty damn big case, especially if race was involved. If anything safeway has no case. Last time I checked racial profiling and false arrest based on race is illegal.

If my brother had stolen you better believe safeway would be making him suffer the maximum consequences. Now they will be suffering the maximum consequences for their actions. You don't have to like it (suspect racists) but we're not going to let them continue to harass blacks and mexicans.


http://www.npr.org/templates/story/story.php?storyId=4455809

There you go.
 
Last edited:

ENASNI

Senior Member
I Went fishing

I went fishing this AM
Didn't think I would have anything happen to me. Thought that I would be
doing a good thing. Should have gone to church.

I was one of 5 caucacians on the pier... Who would think I was trying to avoid this forum and be posting later. :confused:

I started talking to a little ole lady selling tamales ( I was hungry dang it)
She didn't have a license.. she and I almost got hauled off for gosh who knows what I think the cop was drunk... no kidding...

I tried to defend little ole Maria ( it is her name I am not being racist... she makes GOOD tamales) and the policeman wants to see my day pass for fishing... I am not fishing no longer... it has expired.. rod no longer in water... I am done... going home for nap. BUT... I have put up a fuss trying to defend a mexican so therefore I must be BAAAAAD.
Look.
I am not sure what I am saying here.. all I know is What Grandpa racer says has value ( who goes to a store and doesn't buy anything?) What YAG says has value.

The cop in my story was African-american.. so what do you want to say about that... I am home now. on my computer... still shaking my head about what happened this morning.... drinking some hot cocoa... can you do the same??
 

rmet4nzkx

Senior Member
ENASNI said:
I went fishing this AM
Didn't think I would have anything happen to me. Thought that I would be
doing a good thing. Should have gone to church.

I was one of 5 caucacians on the pier... Who would think I was trying to avoid this forum and be posting later. :confused:

I started talking to a little ole lady selling tamales ( I was hungry dang it)
She didn't have a license.. she and I almost got hauled off for gosh who knows what I think the cop was drunk... no kidding...

I tried to defend little ole Maria ( it is her name I am not being racist... she makes GOOD tamales) and the policeman wants to see my day pass for fishing... I am not fishing no longer... it has expired.. rod no longer in water... I am done... going home for nap. BUT... I have put up a fuss trying to defend a mexican so therefore I must be BAAAAAD.
Look.
I am not sure what I am saying here.. all I know is What Grandpa racer says has value ( who goes to a store and doesn't buy anything?) What YAG says has value.

The cop in my story was African-american.. so what do you want to say about that... I am home now. on my computer... still shaking my head about what happened this morning.... drinking some hot cocoa... can you do the same??
Policeman probably wanted some tamales instead of donuts.
 

ENASNI

Senior Member
You are probably right

You might be right doc, but there was a suspicion of powdered sugar on mustache..

Maria did have license by the way... it just took a lot of arm and hand language to get there.... she even had crab tamales... good stuff maynard...


Gotta brush up on my spanish.
 

Mavurik

Junior Member
rmet4nzkx said:
1-877-SAFEWAY
(1-877-723-3929)
call here to complain, but your brother has no case.
Care to elaborate? Because nobody has gone into detail about that. It's funny because I'm sure you would be badmouthing my brother if the situation was reversed and he did steal something, but when the store is in the wrong everyone goes around defending the store. They were plainly in the wrong in this situation. They falsely arrested him with no shoplifting indicators, and the manager said it was because he was black. Plus the fact that he was yelling at my brother and threatening him as if he did something wrong. If that's not a case then I don't know what is and this is from a person who's actually worked in Loss Prevention. These are the types of things employees get fired for because it costs the company millions in lawsuits. So were those not cases either? There have been people who have sued for less. Exactly. Besides, he has two witnesses and a video tape which shows the manager yelling/harassing him. There's other events where they have done this as well and I think that qualifies as harassment. If we wanted to, we could find others in the area who have suffered from the same racism and file a class action law suit. My point is, this is a case and it's a pretty big one. If you don't think it is, then go into detail and actually give me an idea what you're talking about instead of coming off as condescending because a black kid is getting justice from racism. Geez, you act like this wasn't wrong or something.

What's also funny is as soon as my brother POLITELY expressed that he wanted the manager's name and number and that he was tired of being singled out the manager went off on him. Why? Because he knew he was screwed. That's all I have to say.

People need to be held accountable for their actions.
 
Last edited:

CdwJava

Senior Member
Mavurik said:
She then asked if she could call the police to file a report so she could have proof that this happened and a written statement. The manager wouldn't let her call.
And the police can't do anything. We don't write a report to document someone's allegations of rudeness. Plus, the report is not proof of anything except that someone called and told them what was IN the report. It does not show that an event did or did not, in fact, occur.


She then went to an employee and asked them to call the police when the manager came up to her and decided to let her call. The police came and listened to what happened and then gave my mom a yellow card which has an event number. He said he couldn't make it a criminal case until they finish the investigation.
There is no crime here. They wrote down the event number which will simply be a record of the call.

I don't know what you expected they might be able to do as no crime has occurred.


My brother has been accused on other occasions by Safeway of stealing and last night he was completely humiliated in front of customers and friends and he hadn't even left the store[//i].

In CA the crime of theft (shoplifting) CAN be complete prior to leaving the store.

What you describe MIGHT provide a civil tort. More than likely it's an internal matter.

It shows that the manager was singling him out because he was black.
Well, combined with his other actions, it might be a combination of factors. Walking into the bathroom after manipulating items on a shelf IS an indicator of theft. If he were trying to leave and had not gone back to actually purchase anything, this can be yet another indicator.

The statement by the manager saying that Mexicans and blacks have been stealing his alcohol is, by itself, not racist. it could be true. This does not make it racist. It MIGHT be used to show unreasonable bias if there are other factors present, but by itself it is not likely to show any kind of racial prejudice.


I've been looking for advice online and so far people have told me to contact the bar association in my area.
That's reasonable. An attorney can tell him if he has a case or not.


They also said I should take a report from the witnesses. I'm thinking of getting a signed report? Should I do that? If so, what should I include?
What kind of report? Affidavits or statements from witnesses are always good in a potential civil suit. But, since this is NOT a criminal matter, a police report is out of the question.

- Carl
 

Mavurik

Junior Member
There is no crime here. They wrote down the event number which will simply be a record of the call. I don't know what you expected they might be able to do as no crime has occurred.
No crime YET. They're still investigating it.


In CA the crime of theft (shoplifting) CAN be complete prior to leaving the store.
Only by a police. Not by store employees. I know this from working in Loss Prevention. It's not theft until they leave the store. I've seen people walk around stores with the store's clothes on, act like they're going to leave, then turn around and go pay for it. Some people just shop weirdly. My brother was suspicious in no way unless you see being black and looking at food suspicious. Picking up an item and putting it back down is not a shoplift indicator and no jury would see it that way. So I'm sorry, you're just wrong. It's not theft until you leave the store. Only police can stop on suspicion like that.

What you describe MIGHT provide a civil tort. More than likely it's an internal matter.
Hah, wait until I get the civil rights groups involved in this. You'll see a civil "tort" alright. It doesn't take a rocket scientist to tell this manager was in the wrong.


Well, combined with his other actions, it might be a combination of factors. Walking into the bathroom after manipulating items on a shelf IS an indicator of theft. If he were trying to leave and had not gone back to actually purchase anything, this can be yet another indicator.
"Manipulating the items on a shelf". Oh please. He looked at a ravioli and put it down. Then he went to the bathroom. Since when is that against the law? Since when is that a shoplift indicator? I've never known "picking up an item" to be a shoplift indicator. If he took it into the bathroom with him that would be suspicious but he didn't. So in this case SAFEWAY is the one with no reason to have stopped him.

The statement by the manager saying that Mexicans and blacks have been stealing his alcohol is, by itself, not racist. it could be true. This does not make it racist. It MIGHT be used to show unreasonable bias if there are other factors present, but by itself it is not likely to show any kind of racial prejudice.
Don't forget the context. He stopped my brother while my brother was with his caucasian friend. My brother's FRIEND was the one who asked him "Why didn't you stop me?" and the manager was the one who responded "Becaues blacks and mexicans have been stealing my alcohol". So there are other factors present and it will be used to show unreasonable bias, not might. Is alcohol in the ravioli section. No. Did the manager infer that he stopped my brother because he was black while saying nothing to his caucasian friend. Yes. Once again, it doesn't take a rocket scientist.

A manager is a trained individual. This is an internal matter and besides the harassment (from being stopped at two other safeways as well as this one) there is the fact that Safeway has a company policy and a store policy which states they are not even allowed to imply that somebody has stolen without evidence. This manager violated the policy and he said comments which make people of certain race feel uncomfortable to go to his store. Basically, if you're black or mexican you're going to be suspected of stealing alcohol even if you were nowhere near it.

We'll see what happens, but I know Safeway is not going to let this get to court because it would be devastating for them if all the internal garbage comes out. Basically, they need to fire that manager and give my brother damages for falsely arresting him on three separate occasions, simply because he was black. They don't want media attention on this. If this ever goes to court Safeway won't have a leg to stand on, contrary to what you think. They don't have any evidence, no shoplift indicators, or anything else that would make my brother look even remotely suspicious. What they do have is two witnesses who will testify to false arrest and harassment, a video tape which shows it, and the chance that others may come forward afterwards (employees or customers). Trust me, they don't want that.

Plus, if I involve the community I'm sure I'll find others who feel Safeway was wrong as well. Safeway will pay for its actions, I'm sorry if you're not happy with that. Maybe if it happens to you and you're humiliated in front of everyone for stealing simply because of the color of your skin you might be able to understand what it's like instead of making condescending statements as if my brother was in the wrong.
 
Last edited:
S

seniorjudge

Guest
It's not theft until they leave the store.
You're 100% wrong there. Theft requires intent to steal and if you conceal something inside a store, that's the intent that is needed to complete the act.
 

rmet4nzkx

Senior Member
Mavurik said:
Care to elaborate? Because nobody has gone into detail about that. It's funny because I'm sure you would be badmouthing my brother if the situation was reversed and he did steal something, but when the store is in the wrong everyone goes around defending the store. They were plainly in the wrong in this situation. They falsely arrested him with no shoplifting indicators, and the manager said it was because he was black. Plus the fact that he was yelling at my brother and threatening him as if he did something wrong. If that's not a case then I don't know what is and this is from a person who's actually worked in Loss Prevention. These are the types of things employees get fired for because it costs the company millions in lawsuits. So were those not cases either? There have been people who have sued for less. Exactly. Besides, he has two witnesses and a video tape which shows the manager yelling/harassing him. There's other events where they have done this as well and I think that qualifies as harassment. If we wanted to, we could find others in the area who have suffered from the same racism and file a class action law suit. My point is, this is a case and it's a pretty big one. If you don't think it is, then go into detail and actually give me an idea what you're talking about instead of coming off as condescending because a black kid is getting justice from racism. Geez, you act like this wasn't wrong or something.

What's also funny is as soon as my brother POLITELY expressed that he wanted the manager's name and number and that he was tired of being singled out the manager went off on him. Why? Because he knew he was screwed. That's all I have to say.

People need to be held accountable for their actions.
Your story changes, you never said he was arrested before.

You are looking to make a lot of money on a trumped up case.
Your brother goes into a store acts like he is going to steal something, then repeatedly returns to the store until he is confronted then claims the race card. :rolleyes:
Call the ACLU then :rolleyes:

California has laws against frivilous lawsuits.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top