Case Outline: McCann v. Wal-Mart Stores, Inc.
McCann v. Wal-Mart Stores, Inc.
Louisiana Eastern District Court
210 F.3d 51 (1st Cir. 2000)
Fact:
Debra McCann and two of her children (Jillian, and Jonathan) were shopping in Bangor, Maine Wal-Mart on December 11th, 1996. After about an hour and a half, the McCann’s paid for their purchases and proceeded to leave the store. On the way out two Wal-Mart employees (Jean Taylor and Karla Hughes) blocked their path to the exit and stood in front of the McCann’s’ shopping cart. Note Taylor may have actually put her hand on the cart. The employees told McCann that her child had previously stolen from the store and was not allowed in the store. Defendant’s employees told McCann they were calling the police. Defendant did not actually call the police. McCann and her two children were escorted by both Wal-Mart store employees to an area next to the exit place in the store. The plaintiff was told by the defendant to remain in the room until the police officers arrived. The defendant accused him of prior shoplifting. One of the employees was always "watching" the McCann’s and even refused to allow the younger child to go to use the restroom. The call was not made to the police but made to a store security officer to identify the earlier shoplifter. McCann tried to identify herself and clear up the confusion but was unsuccessful. The security officer, Rhonda Bickmore (Bickmore), arrived at the store and explained to the employees that the McCann’s’ son was not the child she caught shoplifting a previous day. The employees understood the mistake made to the plaintiff so they left around 11:15 pm.
Issue:
1. Is the defendant liable for false imprisonment because the employees told the plaintiffs they must remain in the store until the police arrived?
2. Under Maine law did the jury find “actual physical restraint,” when the defendant said the police were on the way?
3. Is Maine’s law even sufficient enough to classify as a reasonable “confinement”?
Decision:
1.
Louisiana Eastern District Court
210 F.3d 51 (1st Cir. 2000)
Fact:
Debra McCann and two of her children (Jillian, and Jonathan) were shopping in Bangor, Maine Wal-Mart on December 11th, 1996. After about an hour and a half, the McCann’s paid for their purchases and proceeded to leave the store. On the way out two Wal-Mart employees (Jean Taylor and Karla Hughes) blocked their path to the exit and stood in front of the McCann’s’ shopping cart. Note Taylor may have actually put her hand on the cart. The employees told McCann that her child had previously stolen from the store and was not allowed in the store. Defendant’s employees told McCann they were calling the police. Defendant did not actually call the police. McCann and her two children were escorted by both Wal-Mart store employees to an area next to the exit place in the store. The plaintiff was told by the defendant to remain in the room until the police officers arrived. The defendant accused him of prior shoplifting. One of the employees was always "watching" the McCann’s and even refused to allow the younger child to go to use the restroom. The call was not made to the police but made to a store security officer to identify the earlier shoplifter. McCann tried to identify herself and clear up the confusion but was unsuccessful. The security officer, Rhonda Bickmore (Bickmore), arrived at the store and explained to the employees that the McCann’s’ son was not the child she caught shoplifting a previous day. The employees understood the mistake made to the plaintiff so they left around 11:15 pm.
Issue:
1. Is the defendant liable for false imprisonment because the employees told the plaintiffs they must remain in the store until the police arrived?
2. Under Maine law did the jury find “actual physical restraint,” when the defendant said the police were on the way?
3. Is Maine’s law even sufficient enough to classify as a reasonable “confinement”?
Decision:
1.