Ok, so my friends son was coming out of CVS, and him and his friend started walking back to their home, well 2 blocks away from CVS a worker of CVS tackles my friends son, accusing him of shoplifting, after they get up he drags my friends son back to CVS and search him, they found nothing in his pockets except a pack of gum. which he bought, and had a receipt for. So they held him at CVS anyways, didn't let him call his parents, and accused him of ditching the stuff they say he stole, they didn't let him go for 45 min. Until he confessed. But he really didn't do it. He was hurt when they tackled him, his knee, hand, and elbow were cut up.. so is there any legal action that can be taken?
2007-07-25 17:19:04 · 6 answers · asked by Brandon 2 in Politics & Government ➔ Law & Ethics
Whit out a witness or cams your pretty much f***'d
2007-07-25 17:25:03 · answer #1 · answered by ImFromKansas 2 · 0⤊ 2⤋
Yes, he can sue for assault/battery and false imprisonment.
The so-called "shopkeepers privilege" is a defense to those claims that allows a shopkeeper to use "reasonable means" to detain someone for a "reasonable time" to determine if shoplifting or other theft has occurred.
From the information you provide -- I doubt a court will determine that the actions taken by by the clerk were reasonable.
And refusing to allow him to call his parents makes any alleged confession invalid as coerced.
However, all laws vary by state/country, as do interpretations of those doctrines. So, you need to consult an attorney (or solicitor in some countries) in your jurisdiction for a full analysis of the relevant laws based on all the factual details.
2007-07-25 18:21:44 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
You can submit your issue in the following website and a lawyer will contact you within 24hrs. Don't worry about their charges, Its only $1/day. So you are getting what you want in just $1. I think this you can afford. Here is the link
http://www.usalegalcare.com/
Good luck
2007-07-25 23:32:25 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The emplyee is allowed to detain, not assault, which is what he did. (assault)
And, if the kid is a minor, they have to call a cop or a parent. Otherwise it's potentially unlawful imprisonment.
2007-07-25 17:23:28 · answer #4 · answered by Atavacron 5 · 1⤊ 0⤋
There are websites like LawGuru, FindLaw and other places where you can get free legal advice.
2007-07-26 14:40:22 · answer #5 · answered by mata 1 · 0⤊ 0⤋
if this story is even half true, the kid is a millionaire.
see an attorney and sue.
you can completely disregard the prior answer, it's completely wrong.
2007-07-25 17:27:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋