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Do I Have a Suit?

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What is the name of your state (only U.S. law)? Ohio

I was a customer at Krogers. I was grocery shopping with my friend's mother. After shopping, I went through the checkout and stopped by the door to wait for my friend's mother. She was going through the Uscan to get cigarettes. As I was standing the by the door, I noticed that a female employee and a manager were standing on the other side of the door staring at me, and seeming as though they were talking about me.

They then came over to me and said "Ma'am, you were seen with some cosmetics. Did you pay for them?" I explained that I was going to buy some kid shampoo. I was also going to buy my friend's mother a fake fingernail set that matched the one I had just bought. I ended up putting these items back because I realized that I did not have my wallet with my cash, and only had my food stamp card. He told me that he needed to check my purse for stolen items.

I was extremely embarrassed, and did not want this man to do this stuff in front of all of the people he was doing this in front of. I asked him if he would check the cameras in the store, or count the number of items on the shelf of what I supposedly stole before searching me. He told me that if I did not allow him to search me that I would be arrested because a customer saw me putting things in my purse. This scared me so I opened my purse. He asked me to pull out everything in there, and so I set everything on the counter. There was nothing in my purse that was stolen.

I then heard him speaking to the female employe again, and found out that it wasn't a customer saying I put things in my purse, but it was the female employee saying that she saw me with cosmetics, and then did not see me with cosmetics, so they assumed I stole them. Another customer then asked what it was I supposedly stole, and the female employee said "Everyhing in her purse." This was after they saw that I did not steal anything. They had me shaking and crying in front of everyone. Everyone in the store was looking at me like I was a thief.

Then some of my personal makeup fell onto the floor and broke. I asked if they were going to replace it, and they said only if they have that band and shade. They had the brand, but not the shade. I put everything back into my purse and was about to leave. The manager approached me again and asked me to take the fake fingernail kit I had in my purse back out again. I pulled it out and he snatched it from me. I said "That's mine." He said "Well, it's not open." I said "Obviously, they are not on my fingers yet." You don't open them and let them spill all out into your purse before you are ready to put them on. He started to walk away with them, but I walked after him and said "Those are mine. I've paid for them, and you can not take them from me." I then took them back from him. He then asked about the fingernail kit I had earlier, and I told him that it was with the shampoo I put back when I realized that I did not have my cash on me. I offered to show him where it was, but he just told me to leave.

I started to leave, but then found another manager and told her what had happened. She gave me $4 for the makeup of mine that had been broken. I then left. Do I have any type of lawsuit against them?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Ohio

I was a customer at Krogers. I was grocery shopping with my friend's mother. After shopping, I went through the checkout and stopped by the door to wait for my friend's mother. She was going through the Uscan to get cigarettes. As I was standing the by the door, I noticed that a female employee and a manager were standing on the other side of the door staring at me, and seeming as though they were talking about me.

They then came over to me and said "Ma'am, you were seen with some cosmetics. Did you pay for them?" I explained that I was going to buy some kid shampoo. I was also going to buy my friend's mother a fake fingernail set that matched the one I had just bought. I ended up putting these items back because I realized that I did not have my wallet with my cash, and only had my food stamp card. He told me that he needed to check my purse for stolen items.

I was extremely embarrassed, and did not want this man to do this stuff in front of all of the people he was doing this in front of. I asked him if he would check the cameras in the store, or count the number of items on the shelf of what I supposedly stole before searching me. He told me that if I did not allow him to search me that I would be arrested because a customer saw me putting things in my purse. This scared me so I opened my purse. He asked me to pull out everything in there, and so I set everything on the counter. There was nothing in my purse that was stolen.

I then heard him speaking to the female employe again, and found out that it wasn't a customer saying I put things in my purse, but it was the female employee saying that she saw me with cosmetics, and then did not see me with cosmetics, so they assumed I stole them. Another customer then asked what it was I supposedly stole, and the female employee said "Everyhing in her purse." This was after they saw that I did not steal anything. They had me shaking and crying in front of everyone. Everyone in the store was looking at me like I was a thief.

Then some of my personal makeup fell onto the floor and broke. I asked if they were going to replace it, and they said only if they have that band and shade. They had the brand, but not the shade. I put everything back into my purse and was about to leave. The manager approached me again and asked me to take the fake fingernail kit I had in my purse back out again. I pulled it out and he snatched it from me. I said "That's mine." He said "Well, it's not open." I said "Obviously, they are not on my fingers yet." You don't open them and let them spill all out into your purse before you are ready to put them on. He started to walk away with them, but I walked after him and said "Those are mine. I've paid for them, and you can not take them from me." I then took them back from him. He then asked about the fingernail kit I had earlier, and I told him that it was with the shampoo I put back when I realized that I did not have my cash on me. I offered to show him where it was, but he just told me to leave.

I started to leave, but then found another manager and told her what had happened. She gave me $4 for the makeup of mine that had been broken. I then left. Do I have any type of lawsuit against them?

No you don't.:cool:
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ohio

I was a customer at Krogers. I was grocery shopping with my friend's mother. After shopping, I went through the checkout and stopped by the door to wait for my friend's mother. She was going through the Uscan to get cigarettes. As I was standing the by the door, I noticed that a female employee and a manager were standing on the other side of the door staring at me, and seeming as though they were talking about me.

They then came over to me and said "Ma'am, you were seen with some cosmetics. Did you pay for them?" I explained that I was going to buy some kid shampoo. I was also going to buy my friend's mother a fake fingernail set that matched the one I had just bought. I ended up putting these items back because I realized that I did not have my wallet with my cash, and only had my food stamp card. He told me that he needed to check my purse for stolen items.

I was extremely embarrassed, and did not want this man to do this stuff in front of all of the people he was doing this in front of. I asked him if he would check the cameras in the store, or count the number of items on the shelf of what I supposedly stole before searching me. He told me that if I did not allow him to search me that I would be arrested because a customer saw me putting things in my purse. This scared me so I opened my purse. He asked me to pull out everything in there, and so I set everything on the counter. There was nothing in my purse that was stolen.

I then heard him speaking to the female employe again, and found out that it wasn't a customer saying I put things in my purse, but it was the female employee saying that she saw me with cosmetics, and then did not see me with cosmetics, so they assumed I stole them. Another customer then asked what it was I supposedly stole, and the female employee said "Everyhing in her purse." This was after they saw that I did not steal anything. They had me shaking and crying in front of everyone. Everyone in the store was looking at me like I was a thief.

Then some of my personal makeup fell onto the floor and broke. I asked if they were going to replace it, and they said only if they have that band and shade. They had the brand, but not the shade. I put everything back into my purse and was about to leave. The manager approached me again and asked me to take the fake fingernail kit I had in my purse back out again. I pulled it out and he snatched it from me. I said "That's mine." He said "Well, it's not open." I said "Obviously, they are not on my fingers yet." You don't open them and let them spill all out into your purse before you are ready to put them on. He started to walk away with them, but I walked after him and said "Those are mine. I've paid for them, and you can not take them from me." I then took them back from him. He then asked about the fingernail kit I had earlier, and I told him that it was with the shampoo I put back when I realized that I did not have my cash on me. I offered to show him where it was, but he just told me to leave.

I started to leave, but then found another manager and told her what had happened. She gave me $4 for the makeup of mine that had been broken. I then left. Do I have any type of lawsuit against them?
No .
 

Mass_Shyster

Senior Member
Another customer then asked what it was I supposedly stole, and the female employee said "Everyhing in her purse."
I'll go against the tide and say that you may have a cause of action for defamation against the employee who said that you stole everything in your purse.

Accusing someone of criminal activity is often considered slander per se, and does not require that you show actual damages.

The difficult part will be proving in court that someone actually believed the statement.

Since the likelihood of success is low, you probably won't find a lawyer willing to take the case on contingency.

If you really feel strongly about the embarrassment you suffered, contact an attorney and file a lawsuit against the store and the employee. Costs for a case like this probably won't exceed $100,000.

Good luck.
 

BOR

Senior Member
I'll go against the tide and say that you may have a cause of action for defamation against the employee who said that you stole everything in your purse.

Accusing someone of criminal activity is often considered slander per se, and does not require that you show actual damages.

The difficult part will be proving in court that someone actually believed the statement.

Since the likelihood of success is low, you probably won't find a lawyer willing to take the case on contingency.

If you really feel strongly about the embarrassment you suffered, contact an attorney and file a lawsuit against the store and the employee. Costs for a case like this probably won't exceed $100,000.

Good luck.
She has the heading under Small claims. SC in Ohio is for the recovery of money only, no compensatory damages of what we speak of, inlcuding defamation, so yes, if any suit were brought it would likely be in Municipal court, with a jurisdictional limit of $15,000.00, Common Pleas is no limit.

Ohio's shoplifting statute is here.

Lawriter - ORC - 2935.041 Detention and arrest of shoplifters - detention of persons in library, museum, or archival institution.


They can detain a person if PC exisits items have been taken. IF they saw her
with them "suspiciously" they should have followed her by camera.

That aside, they could not search her, which it seems she voluntarily let them, albiet under threat of arrest.

This is one crime where Ohio permits a warrantless arrest, comtemporary, for a Misdemeanor not committed in the officers presence.

Whe the Manager grabbed the item out of her hand and said it was his, it "could" be considered simple assault, (emphasis added).

She can consult an attorney and see if they are willing to take it on contingency.

If I remember the CP Rules of court correctly (many years ago), any suit under 50 grand can be decided by arbitration at the wish of either side, no jury?

I am not sure of arbitration in Municipal court?
 
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dlw99

Member
I have two questions: how did you pay for the first set of fake fingernails, and did the store personell stop you while you were technically still inside the store?
 

BOR

Senior Member
I have two questions: how did you pay for the first set of fake fingernails, and did the store personell stop you while you were technically still inside the store?
Ohio does not have a specific "concealment" law as some states do, but the theft statute is worded to deprive the owner of services/property.

Without reading the case law, "concealment proves intent", IF this is what actually happened.
 

dlw99

Member
What is the name of your state (only U.S. law)? Ohio

I was also going to buy my friend's mother a fake fingernail set that matched the one I had just bought. I ended up putting these items back because I realized that I did not have my wallet with my cash, and only had my food stamp card.
Right. So with no cash, poster bought fake fingernail set. How?
 

BOR

Senior Member
Right. So with no cash, poster bought fake fingernail set. How?
You see though she said she discovered she had no cash, she thought she had some, so she says.

Regardless, you'd be surprised how much cash people have "on person" when caught, as a turnaround example.
 

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