Illinois Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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US-02212BG
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Description

False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the basis of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law.


False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.


Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due.

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  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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FAQ

Although anti-theft practices and policies can vary between stores, Walmart will often call the cops for shoplifting offenses. If you are caught shoplifting from a Walmart, a loss prevention officer may reasonably detain you at the store until the police arrive.

The INFORM Act makes organized retail theft a felony offense. Anyone who is accused of working with a group of people to steal items valued at $300 or more can be charged with a Class 3 felony, which is typically punishable by up to five years in prison.

If they prevent yoy from leaving, its false imprisonment and a tort you can sue. If they force you to the little room, that IS kidnapping and is a criminal matter.

It is essential to address false theft accusations promptly and take appropriate measures to defend one's innocence. This typically involves gathering evidence, seeking legal advice, and presenting a strong defense to clear one's name and protect their rights and future prospects.

Can I Sue Walmart For False Accusations Of Theft And Detainment? You may have a claim for false imprisonment and defamation against Walmart if you can prove that the store detained you and made false accusations of theft without a reasonable belief that you were actually committing a crime.

Do Call an Attorney Immediately. If you've been accused of shoplifting, demand a lawyer if you are questioned. You are not required to give a statement without legal counsel. A police officer or store employee might ask why you need a lawyer if you didn't do anything wrong.

They have a qualified immunity from liability if they acted within the scope of their employment. However, false accusations of shoplifting could be a valid basis for a lawsuit against Walmart.

Walmart reserves the right to discipline anyone who knowingly makes a false accusation or has acted improperly. However, if an associate voluntarily reports they were involved in a violation, self-reporting may be considered when determining the appropriate disciplinary action to be taken.

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Illinois Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager