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How is this a lawsuit!?

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JusticeAdvice

Junior Member
I work for Security at a large theme park in the state of California. Within that theme park, like others, there are smaller retail stores. I am told by my supervisors that if I receive a report by a customer that another customer is stealing, I cannot question in any way the suspect unless I actually saw the stealing with my own eyes AND I did not lose sight of the suspect before approaching them. They tell me that if I even simply approach someone and ask to see a receipt, this can be considered "detaining" them and could "cause a lawsuit."

My question is, is it true that the suspected thief would have a case against us and what would that case be if they did?

Keep in mind, I am asking this out of my own curiosity and interest in the law. I am fully aware that I need to follow my supervisor's directions while I am at work. But say a loss prevention guy asks ME for a receipt when I really didn't steal... What case would I have against them?

On the same token, the opposite has happened to me. I entered my school's library with a book that I had rightfully checked out from another, unaffiliated library, setting off the beeping device. I then exited and on my way out, was told by a librarian not to leave and to come over and see them. The fact was, I had stolen nothing and was fine to leave. According to the above clauses stated by my supervisors, I would have a legitimate lawsuit against the library for wrongfully "detaining" me. Is this true? Thanks.
 


CdwJava

Senior Member
My question is, is it true that the suspected thief would have a case against us and what would that case be if they did?
Whether or not they would have grounds to sue matters less than your need to follow your employers rules. If you do not follow their rules, that could get you and them sued.

But say a loss prevention guy asks ME for a receipt when I really didn't steal... What case would I have against them?
You probably wouldn't have one. But, if the question were asked of you and you could somehow claim from being publicly humiliated, a suit might be remotely viable

On the same token, the opposite has happened to me. I entered my school's library with a book that I had rightfully checked out from another, unaffiliated library, setting off the beeping device. I then exited and on my way out, was told by a librarian not to leave and to come over and see them. The fact was, I had stolen nothing and was fine to leave. According to the above clauses stated by my supervisors, I would have a legitimate lawsuit against the library for wrongfully "detaining" me. Is this true? Thanks.
Laws for detention or arrests by private persons vary by state. In general, most states allow for a detention pending an arrest if they have probable cause to believe a crime has occurred in their presence. The activation of an alarm that typically sounds when unpurchased property goes out the door is generally going to be sufficient to warrant further inquiry.

Understand the filing a lawsuit can be easy ... winning takes much more than wishful thinking. Businesses make decisions to minimize their legal exposure and the policy you describe is the practice that your employer believes minimizes their legal exposure to claims of false arrest or detention.
 

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