McCann v. Wal-Mart Stores Inc210 F.3d 51 (1
Cir. 2000)Parties:Plaintiff Debra, Jillian and Jonathan McCann, Wal-Mart customerswho were accused of shoplifting and detained by Wal-Mart Defendant Jean Taylor and Karla Hughes Employees of Wal-Mart who wrongfully accused Ps children of stealing from the store.Facts:Wal-Mart employees stopped the P as they were about to leave the store andsaid that Ps children werent allowed in the store because they were caught shoplifting a couple of weeks earlier. The employees told the P that they had tocome with them and that they were calling the police. The employees then stoodguard over the P until the security guard came by to identify the alleged shoplifter.Procedural Posture:The jury awarded P with $20,000 in compensatory damages. Wal-Mart appeals, claiming that P didnt prove false imprisonment.Issue:Whether P has a valid claim for false imprisonment?Holding:Yes.Ruling:The court affirmed the trial courts ruling.Rule:The actor which is intended to , and does in fact, confine another withinboundaries fixed by the actor where in addition the victim is wither conscious of theconfinement or is harmed by it.Legal Reasoning:The direction to the P, the reference to the police, and the continuedpresence of the Wal-Mart employees were enough to make a reasonable personbelieve either that they would be restrained physically if they tried to leave, or that the store was claiming lawful authority to confine them until the police arrived.