Best Buy had me trespassed after they stole my property and I called the police

[Florid-aise]

Watching this thread develop on purpose, I can now comment.

OP, I tend to agree with the overall assesment with the consensus that there will not be any - or if any, certainly not much - of a damage award.

There are two things here that you should note;

First, the opposition you see here, will certainly surface in court proceedings, so this is a good testing ground for what the opposite case make against you would be, so don't complain about getting a "free look" at the possible affirmative defenses Best Buy would use.

Secondly, in order to give you a little fuel for your fire, there appears to be the issue of "seizure", in several ways. Tricky stuff, seizure. You will and do need an attorney.

So, give it a shot, see what happens, argue your case, make your point, let the jury decide, and tell us the result.

One more thing, it might be a better idea to write the corporate Best Buy office in any event whatsoever, establishing a time event, your position, thus their becoming aware of your discontent, and that knowledge made to them becomes undeniable later in court.

 

[rmet4nzkx]

Florida,
If OP brings a frivilous lawsuit, he may be held responsible for all court costs.

 

[pcgumshoe]

Thanks again, all.

Here is what I have learned so far:

1. My disability may not be important (hence no reason to bring it up)
I am aware that during discovery they most certainly will ask questions about this and surely try to use it against me. I brought up the issue of my disability (which yes plagues me and my spouse) because I am aware that my disability had a significant influence on WHY I didn't want to be searched or touched or evan there for very long. It is my spouse who knows why I spend MOST of my time in our home, or as I call it my sanctuary finding my sanctity. Most people who are not Bi Polar (or in any other was mentally disabled) don't understand the extraordinary sufferings that we go through (whether we cause it or our disease) and therefore can't empathize about this. My spouse, however, has been very supportive about this and believes in me because of the continued difficulties. That is why this post is in the discrimination section. As I said, I venture through YOUR world, very few of you venture through mine.

2. I am aware of the possiblity of financial responsiblity for bringing this case, should I lose. However, I don't believe that it would rise to the level of "Frivilous"

3. This is a "testing" of the opposition, and a very good one at that.
I had been hoping for more positive input and I don't know if there is any. That the thread, by comparison, may be going long is good for me, but as some have said, I should post the results of what happens later after I get an attorney. I still have the weekend to get through before the world is back from vacation and Monday morning I surely will be contacting various law firms and deciding on one that I feel could take on this case.

4. As far as the "FLAMING" part and calling this "BS" I still feel that is inappropriate. rmet4nzkx said that he/she is a very patient person. Also they said that they had a situation at Best Buy (not similar) where they had to call the police. I don't know the particulars, however, I bet it had to give rise to you got your item back and they said anything further would be a civil issue between you and the company.

You said, "All you had to do was allow the security person to check your receipt against your items." And I am saying that that was ONE option. I refused to let them inspect anything, that was the second option. We've discussed that the alarm gave them "REASONABLE CAUSE" to inspect WHY THE ALARM WENT OFF (not my receipt). My refusal gave them "PROBABLE CAUSE" to suspect me for shoplifting and detain my person (again not SEIZE my property). When I refused, they had two choices: AGAIN, let me go and report my description and license plate to the police; or, physically detain me and call the police. I would then be entitled to the protections of the constitution and could refuse to be searched or arrested and taken to jail (where I would be searched) and I would be able to call a lawyer before questioned.

So, if that is BS to stand up for my rights and not to let someone rifle through my bag, so be it to you. I am 35 (I turned 35 two days after this event, and it wasn't a happy birthday), and I have had to deal with this type of stuff a long time. If I had purchased a pair of pants or other clothing article where the security device NEEDED to be removed, I would have returned. The security device on these items would not have rendered them inoperable and therefore they are of no consequence.

BTW: Happy New Year

 

[CdwJava]

Keep in mind that for each of the technical violations you think you found that may have been committed by the Best Buy employee, another attorney will likely find as many that you violated, or case law that gives the employess the right to do what they did.

And, of course, since a civil suit requires a preponderance of the evidence, you would have to convince 12 people (well, maybe half plus one in a civil suit ... not sure of the rules on that in FL) that you were grievously wronged ... and by the sample here, you haven't managed to do so.

But, as Guilty said, talk to a lawyer and then come back and let us all know what he said. Maybe Best Buy will pay you a few grand to go away.

- Carl

 

[rmet4nzkx]

Your mental health disability is no license to act inappropriately and I even suspect that you are not bi-polar either, please see your treating mental health providers and ask to be evaluated for other disorders or NLVD's that may have something to do with your verbosity and inability to logically accommodate to social situations or understand the consequences of your inappropriate social behavior. It doesn't appear that your disorder is well managed by medication and you also need to discuss your pragmatics with your psychologist. Your ability to abstract is virtually nonexistant.

Please get help.

 

[Florid-aise]

CdwJawa brings up a good point that you should consider. Using the feedback you have gotten here, as a demographic representation of what some jury sympathy might be. Might just be the tie-breaker; should you arrive at a straddle the fence decision or impasse.

 

[rmet4nzkx]

CdwJawa brings up a good point that you should consider. Using the feedback you have gotten here, as a demographic representation of what some jury sympathy might be. Might just be the tie-breaker; should you arrive at a straddle the fence decision or impasse.

And be careful what kind of fence you straddle

 

[Florid-aise]

And be careful what kind of fence you straddle

Yep. Maybe "middle of the road" would've been the better metter-for.

 

[rmet4nzkx]

Yep. Maybe "middle of the road" would've been the better metter-for.

I guess it's a toss up between straddling a picket fence and potential road kill

 

[pcgumshoe]

rmet4nzkx: I will surely take into consideration your observation of possible "other" disorders. I did a precursery look at the NLVD issue, however, as I am 35, I don't know. My diagnosis is by far not complete. As far as talking to a psychologist, well, I've been trying very hard. The delema is this: I am on SSI. I used to work when I was younger, but I was 1 or 2 credits shy of getting regular Social Security Disability. Consequently, I'm not eligible for Medi-care, rather the lessor (and worse of the two) medi-caid.

I have been party to the STEP-BD studies (Systematic Treatment Enhancement Program for Bi-Polar Disorder) when I lived in San Diego. They identified that I was resistant to most medications (my body was) and that the best thing for my "Bi-Polar" condition was the developement of "Coping" skills. Psycho-therapy was the best treatment for me. So on that point, you are correct. HOWEVER, my insurance doesn't cover Psycho Therapy and I have been using my primary care provider to prescribe medications for me while their office STRUGGLES with my insurance to get me in to see a Psychiatrist for MEDICATION (Drug 'em), which is ALL that my insurance covers.

All in all, what this boils down to for me is a boiling point. At some point the system has designed me to snap. That I "RESIST" a request that I fully believed I had the right to refuse, that was based on the continued failure of a mental heath treatment system. On top of that, I believe that Best Buy had rights to a point, they just over-stepped them.

I have put this out there and I have gotten the most critical. Keep in mind that when I talk to friends who know me, people of common ground (not necessarily friends, but people that I see out in public or who know me by proxy), the proponderance of them say the opposite of what you say. So hence my delema. I put this on THIS board to see what people who DON'T know me would say. I threw it to my mother, who of course wouldn't lie to me but give me her best advice.

My decision has always been to talk to a lawyer and as I said before, this is not the best two weeks to talk to one. That being said, I wanted, as we have done here and in my private conversations, discussed the perception of blame and legality. Some of the people with whom I and my spouse have talked to are in the legal field and are friends. We have talked to two police officers we know who work for the same police force, one a patrolmen and the other a sergeant, they both said that they wouldn't have trespassed me AND that the police should have taken a report (about the "SEIZURE" of my property), but they didn't.

So I continue to thank everyone who has provided such profound feedback, even if we disagree, that's what it's all about. And I hope that you never get caught in a situation like this. I, however, deal with it differently and WORRY about it much more than the average person.

I'd rather straddle a fence and fear falling and hope on the right side than have already fallen and been injured on the wrong side.

 

[Happy Trails]

Rmetx, I was trying to remember that breathing exercise you mentioned months back. I don't think anything that was posted to him will change or have any type of impact on what he believes.


I expect this one to go clear to the supreme court.

 

[pcgumshoe]

Happy Trails: are you being sarcastic, or just Devil's advocate?

I didn't post here to have you impact a "CHANGE" of my mind, what's wrong with the one I've got (Star Trek )

This is just a another sampling pool, I expected more variety, not as much criticism.

 

[Happy Trails]

Happy Trails: are you being sarcastic, or just Devil's advocate?

I didn't post here to have you impact a "CHANGE" of my mind, what's wrong with the one I've got (Star Trek )

This is just a another sampling pool, I expected more variety, not as much criticism.

The first statement was just what I believe. Since you are open to what others think then I thought I'd be honest with you.

But the second statement definitely sarcastic.

I asked Rmetx what the breathing exercise was because I had planned to just have egg-nog tonight with out the rum.

 

[rmet4nzkx]

I think you were brought here for a reason, a reality check of sorts. When you have the type of disability you have, it is difficult to diagnose, and people close to you get used to you and can't give you good perspective. If you check out NLVD you will come to other disorders that will seem more like you including your social problems and difficulities with medication. Check with your department of rehabiliation and or community college for assessment, your local mental health centers may also have help. You might go to this site for more information and support groups. http://www.faaas.org
Have a good new year

 

[rmet4nzkx]

Rmetx, I was trying to remember that breathing exercise you mentioned months back. I don't think anything that was posted to him will change or have any type of impact on what he believes.


I expect this one to go clear to the supreme court.

I believe you are referring to pursed lip breathing, which will also calm the nerves, lower blood pressure and stop panic attacks, which I teach by blowing into an empty beer bottle
be careful on the nutmeg

Pursed Lip Breathing

Pursed lip breathing is one of the simplest ways to control shortness of breath. It provides a quick and easy way to slow your pace of breathing, making each breath more effective.

What does pursed lip breathing do?
Pursed lip breathing:
Improves ventilation
Releases trapped air in the lungs
Keeps the airways open longer and decreases the work of breathing
Prolongs exhalation to slow the breathing rate
Improves breathing patterns by moving old air out of the lungs and allowing for new air to enter the lungs
Relieves shortness of breath
Causes general relaxation

Practice this technique 4-5 times a day at first so you can get the correct breathing pattern.

Pursed Lip Breathing Technique

1. Relax your neck and shoulder muscles.

2. Breathe in (inhale) slowly through your nose for two counts, keeping your mouth closed. Don't take a deep breath; a normal breath will do. It may help to count to yourself: inhale, one, two.

3. Pucker or "purse" your lips as if you were going to whistle or gently flicker the flame of a candle.

4. Breathe out (exhale) slowly and gently through your pursed lips while counting to four. It may help to count to yourself: exhale, one, two, three, four. (figure to right)

With regular practice, this technique will seem natural to you. \\Happy New Year