A person was detained for sholifting (for taking a pair of sunglasses). At his trial, the judge believed that he simply forgot to put them back after trying them on and he was subsequently found innocent. Will a false imprisonment lawsuit against the store security guard succeed?
This is related to Canadian law only!
2007-02-20 06:48:27 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No it will not.
The standard for such a claim would have to be an intent to illegally detain someone. if the officer thought the arrest was proper, he or she would not have that level of intent.
2007-02-20 06:52:31 · answer #1 · answered by American citizen and taxpayer 7 · 1⤊ 0⤋
The security guard should be exempt from a lawsuit the store should be made libel. The guard is acting on behalf of the store.
2007-02-20 14:58:33 · answer #2 · answered by egotist61 3 · 0⤊ 0⤋
I would have to say it would not apply in that the security guard fully thought he was doing his duty. His duty is to the store, not to the alleged criminal. Just becuase someone "forgot" to pay for an item doesn't mean the guard isn't still supposed to do his job.
2007-02-20 15:10:46 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋