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Wrongful arrests frequently occur in Florida when store employees, such as security guards, loss prevention officers, or store owners, unjustly detain customers based on their belief that a crime has been committed. Picture shopping peacefully, only to be forcefully restrained when attempting to leave, resulting in mental and physical harm. Victims may wonder if they have grounds to sue for damages.
WRONGFUL ARREST CASES IN FLORIDA
Instances of wrongful arrest in Florida have recently come to light, including a lawsuit against Walmart. A Tampa woman was physically detained as she exited the store, with surveillance footage revealing her being forcefully grabbed and dragged back inside by two individuals. The security guard accused her of shoplifting, but Florida wrongful arrest lawyer Barry Cohen points to the video evidence suggesting that the security guard planted an item and falsely accused the woman. The lawsuit asserts that the woman has suffered physical and emotional injuries due to the incident.
Similarly, CVS is facing a wrongful arrest lawsuit in Florida. A mother of four claims she was falsely detained for hours by a CVS loss prevention officer, who then offered he freedom in exchange for sexual favors. A Florida personal injury lawyer has taken up the case, seeking over $1 million in damages for false imprisonment, intentional infliction of emotional distress, negligent supervision, and vicarious liability.
WHAT IS A WRONGFUL ARREST?
Wrongful arrest, also known as false arrest or false imprisonment, involves the illegal restriction of an individual's personal liberty or freedom of movement. These laws aim to protect people from unjust detention without proper legal authority. Victims of wrongful arrest can file personal injury claims against those responsible for their harm.
In Florida, the essential elements of a wrongful arrest claim, as determined by the 4th District Court of Appeal, include the unlawful detention and deprivation of a person’s liberty against their will, without legal authority or color of authority, in an unreasonable and unwarranted manner given the circumstances. To hold a defendant liable in a wrongful arrest case, the defendant must have actively participated, either directly or indirectly, in encouraging or securing the wrongful arrest. However, merely providing information to authorities as a private citizen or business does not give rise to a cause of action for wrongful arrest, according to the 4th DCA.
WRONGFUL ARREST WHEN A PERSON IS ACCUSED AND DETAINED FOR SHOPLIFTING
Wrongful arrests often occur when individuals are accused and detained for shoplifting in Florida stores. While Florida statute 812.015 defines retail theft and grants store merchants limited immunity to detain shoplifters under certain conditions, stores can face wrongful arrest lawsuits if they lacked probable cause, detained the person in an unreasonable manner or for an excessive duration, or failed to promptly involve law enforcement.
Determining what constitutes a reasonable manner and length of time in a wrongful arrest case depends on the specific circumstances and facts. Courts do not apply a fixed timeframe or specific test for reasonableness. In a notable case, Jefferson Stores, Inc. v. Caudell, a woman sued a store owner for false imprisonment, assault, battery, and personal injuries. The jury decided in favor of the woman, rejecting the store owner's appeal that the trial court erred. The court held that it was the jury’s responsibility to determine whether the store's actions were reasonable given the circumstances.
Wrongful arrests can cause physical and psychological injuries to victims. Damages can be awarded for mental harm, such as embarrassment, anxiety, and damage to reputation, as well as for any physical injuries sustained during the wrongful arrest. If you believe you have been subjected to a wrongful arrest, false arrest, or false imprisonment, it is crucial to consult a Florida wrongful arrest lawyer promptly. They can provide guidance and support in pursuing legal recourse.
