Shoplifter V. Stc Case Summary

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QUESTION PRESENTED Under Indiana law, whether Stranger Things Corporation is immune from liability for false imprisonment under Indiana's Shoplifting Detention Act § 35-33-6-2 when James Hopper acted with probable cause to mistakenly identify a customer with immediate medical needs, Will Byers, as a shoplifter, and detained him in a locked room for twenty minutes? BRIEF ANSWER No. STC will likely not have immunity because Hopper conducted the detention in an unreasonable manner by confining Byers to a locked room despite his requests for medical assistance. § 35-33-6-2 provides immunity from liability when the detention (1) has probable cause, (2) lasts for a reasonable amount of time not exceeding two hours, and (3) is conducted in a reasonable …show more content…

Indiana's Shoplifting Detention Act (ISDA) provides a store owner or agent with immunity from liability to detain a suspected shoplifter when the detention (1) has probable cause, (2) lasts for a reasonable amount of time, not extending beyond two hours (3) is conducted in a reasonable manner. Burns Ind. Code Ann. § 35-33-6-2 (2016). For the first element, Indiana courts look at whether the facts known to the store agent would lead a reasonable person to believe that the detainee may be committing theft. This is met because Hopper witnessed Byers walking speedily towards the store exit with concealed store merchandise. The second element is undisputed because the detention took thirty minutes. For the third element, detentions must not excessively restrict the detainee’s freedom of movement, or cause serious harm. This is not met because Hopper locked Byers in a room for twenty minutes and ignored his repeated requests for medical …show more content…

Haltom v. Bruner & Meis, Inc., 680 N.E.2d 6, 7 (Ind. Ct. App. 1997). In Chestnet v. K-Mart Corp., a security officer observed a customer place a gas-cap into her purse and exit the store without purchasing merchandise, and detained her in-store for 30 minutes. 529 N.E.2d 131, 131-2 (Ind. Ct. App 1988). Although the customer was found innocent, the court held that the store was immune from liability because this "satisfied both the spirit and the letter" of the ISDA. 529 N.E.2d at

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