North Carolina 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
  • 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

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. If you succeed, you could win compensation for your lost wages at your job and the emotional stress caused by situation.

Shoplifting False Imprisonment: Elements The elements of this crime are that the restraint or confinement must be unlawful and actually restrict the person's freedom of movement. Detaining and handcuffing a customer and transporting them to some backroom without reasonable cause could be considered false imprisonment.

5 Steps To Take If You're Wrongfully Accused of Theft Step 1 - Calm Down. A false accusation of theft is frightening because it could land you in jail. ... Step 2 - Look for Evidence. How do you prove you are innocent when accused of stealing? ... Step 3 - Understand Your Rights. ... Step 4 - Don't Talk. ... Step 5 - Work with a Lawyer.

Probable cause is the reasonable belief that an individual will commit or has committed a crime or another violation. If law enforcement does not first establish probable cause, any criminal search of the individual's body, belongings, or property will be deemed unreasonable.

Common reactions include surprise and disbelief, denial of the accusation, anger and frustration, a desire to prove their innocence, and a willingness to cooperate with any efforts to investigate the situation. Let's start by talking about surprise and disbelief.

Gather evidence: Collect any physical evidence that may support your innocence, such as text messages, emails, CCTV footage or witnesses. 2. Keep a diary: Write down everything you can remember about the night in question, including who you were with and what time you were where.

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.

In any case, if you have been falsely accused of theft, you should consult with an employment lawyer to understand your legal rights and options. Your lawyer can walk you through the investigation process, protect your rights, and pursue any legal claims you may have.

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