Wal-Mart Stores, Inc. v. Mitchell Ex Rel. Blackburn
1994 WL 209946, 877 S.W.2d 616, 1994 Ky. App. LEXIS 55 (1994)
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Rule of Law:
A merchant's statutory privilege to detain a suspected shoplifter is limited to detentions conducted in a reasonable manner and for a reasonable time. Actions that are unreasonably intrusive, coercive, or humiliating fall outside this protection and can constitute false imprisonment.
Facts:
- Kevin Blackburn, a fourteen-year-old boy, entered a Wal-Mart store and purchased a set of three arrows.
- After Blackburn exited the store, assistant manager Rick Jackson, who believed he saw Blackburn hide an object in his pants, stopped him in the parking lot along with another manager.
- Blackburn alleged that Jackson grabbed him by the arm, tried to put a hand down his pants, and then forcibly escorted him back into the store.
- Blackburn was taken to a training room in the rear of the store.
- According to Blackburn, Jackson locked the door and interrogated him for approximately thirty minutes, during which Jackson repeatedly ordered him to pull down his pants and tried to make him sign a confession.
- No stolen merchandise was ever found on Blackburn.
- Jackson released Blackburn only after the boy began to cry and complain of feeling sick.
Procedural Posture:
- Janice Mitchell, on behalf of her son Kevin Blackburn, filed a lawsuit against Wal-Mart Stores, Inc. and its employee, Rick Jackson, in Floyd Circuit Court for false imprisonment.
- The case proceeded to a jury trial.
- The jury returned a unanimous verdict in favor of Blackburn, awarding him $30,000.00 in compensatory damages, and the court entered a judgment on that verdict.
- Wal-Mart and Jackson, as appellants, sought review of the circuit court's judgment from the Kentucky Court of Appeals.
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Issue:
Does a merchant's detention of a suspected shoplifter fall outside the protection of Kentucky's shopkeeper's privilege statute, thereby constituting false imprisonment, when the detention is conducted in a physically coercive and intimidating manner?
Opinions:
Majority - Huddleston, Judge
Yes. A merchant's detention of a suspected shoplifter falls outside the protection of Kentucky's shopkeeper's privilege statute and constitutes false imprisonment when the detention is not conducted in a reasonable manner. The statute, KRS 433.236, allows a merchant to detain a suspected shoplifter in a 'reasonable manner for a reasonable length of time.' The court reasoned that this statute is not a 'license to manhandle or browbeat a child.' The question of whether the detention was reasonable is a question of fact for the jury. Viewing the evidence in the light most favorable to Blackburn, the prevailing party, the jury was entitled to believe his version of events, which described an unreasonably intrusive, insulting, and humiliating detention, thereby supporting the verdict for false imprisonment.
Analysis:
This case clarifies the scope of the shopkeeper's privilege, emphasizing that the statutory defense against false imprisonment is not absolute. The decision establishes that the 'reasonableness' standard applies not only to the grounds for suspicion and length of detention but, critically, to the specific manner and methods used during the detention. It serves as a precedent that holds merchants accountable for overly aggressive or humiliating tactics, reinforcing that the privilege is a shield against honest mistakes, not a sword for intimidation. This holding forces retailers to train employees on conducting detentions in a way that respects the individual's dignity, especially when dealing with minors.
