Gleason Case File

False Imprisonment:

Under the Restatement (Second) of Torts § 35, a defendant is subject to liability for false imprisonment if the plaintiff can prove the following five elements:

(1) the defendant intends to confine the plaintiff;
(2) within boundaries fixed by the defendant;
(3) the defendant’s conduct directly or indirectly results in the confinement of the plaintiff;
(4) the plaintiff is conscious of the confinement; and
(5) the confinement is against the will of the plaintiff.

Shopkeeper Immunity under the Columbia Criminal Code:

§13-1 Shoplifting; detaining suspect; defense to wrongful detention

A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive that person of such goods by:

1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another; or
5. Concealment.

B. Any person who knowingly conceals upon himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment shall be presumed to have the necessary culpable mental state pursuant to subsection A of this section.

C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person suspected of shoplifting as defined in subsection A of this section for questioning or summoning a law enforcement officer.

D. Reasonable cause is a defense to a civil or criminal action against a merchant or an agent or employee of such merchant for false arrest, false or unlawful imprisonment, or wrongful detention.

Release:

SAVE-A-BUNCH, INC.

SUSPECTED SHOPLIFTER RELEASE FORM

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT.
By signing this agreement, you waive your right to bring a court action to recover compensation or obtain remedy against Save-A-Bunch, Inc.

WAIVER/RELEASE/COVENANT NOT TO SUE

In consideration for Save-A-Bunch, Inc. releasing me from their custody, and in consideration for Save-A-Bunch, Inc. not filing criminal charges against me or seeking civil liability against me, I hereby release Save-A-Bunch, Inc., a Columbia corporation, and its officers, agents, and employees from and WAIVE MY SUBSTANTIAL RIGHTS TO ASSERT any cause of action, claims or demands of any nature whatsoever, including but not limited to a claim of false imprisonment, false arrest, intentional infliction of emotional distress, duress, or negligence which I, my heirs, representatives, executors, administrators and assigns may now have, or have in the future against Save-A-Bunch, Inc. on account of the store detaining me on 6/09/19 for purposes of investigation of shoplifting. I further agree that Save-A-Bunch, Inc. had reasonable cause to detain me because they suspected me of shoplifting and that they did not detain me for longer than a reasonable period of time. I understand that the terms of this agreement are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.