Caldor, Inc. v. Bowden

Facts

P was sixteen years old when he applied for a position with D. D hired P as a customer service representative and assigned him to its hardware department. On June 15, 1988, Baldwin, the store manager, paged P and instructed him to meet her at the upstairs customer service desk. Baldwin told P that she needed his assistance and then led P to a 10' X 10' windowless office on the upper level of the store. P found Hedrick and Hodum, two of D's loss prevention personnel, standing in the room. They instructed P to sit down, and then closed the door. Eventually, they told P that there had been some missing money and merchandise which had been traced back to P. P denied this accusation and attempted to leave, but found Hodum blocking the door. Hedrick then stated: 'sit down, or we'll help you sit down.' Fearing reprisal, P sat back down. When Bowden attempted to use the phone to contact his parents, his attempt was met by a similar, more emphatic, warning -- Hedrick ordered P 'to put the damn phone down or [I'll] help [you] do it.' On several occasions, P could hear himself paged over the store's PA system. P explained that his mother might be trying to contact him at the store and would be worried if she could not find him. Hedrick did not permit P to respond and told P that, if his mother called, they would tell her that P was not in the store. Then the interrogation began and Hedrick 'kept drilling' him about the missing money. The men forced P to empty his pockets and reveal the contents of his wallet. Hedrick told P that they had videotapes showing him stealing money from the registers and that he would not be permitted to leave until he cooperated. Amazingly, those tapes were never produced. The interrogation continued until approximately 8:00 p.m., when Hedrick placed a blank 'voluntary statement' form in front of P. They told P that if he signed the form, made restitution, and did not involve his parents that D would not contact the police. P gave in to Hedrick's demand. On the first side of the form, Hedrick dictated the terms of P's 'admission,' specifying the dates and amounts of money. P finally signed the first side at 9:35 p.m. After P completed the first side of the page, Hedrick left the room for thirty or forty minutes. Upon Hedrick's return, P realized that the store was closed and all of the store lights were off. Hedrick then dictated the terms of the second side of the form, which P signed. Hedrick told P to return the next day and repay the money. Around 11:00 p.m. Hedrick allowed P to leave the store.  P's mother met him at the door and demanded an explanation for his tardiness. P told his mother what had happened and denied stealing any money. The next day Mrs. Bowden spoke with Mr. Mehan, the store's security manager, and Mr. Forrester, another store manager, to inquire about the prior night's activities and to attempt 'to get to the bottom of things.' An argument ensued.  Forrester called P a nigger. P and his mother left the store and returned to their car. Mehan followed them into the parking lot, approached them, and told P that he could not leave. Mehan then seized P's arm and forced him to return to the store through the rear employee entrance. Mehan led P back to his office on the ground floor. Mrs. Bowden followed and called her husband, Reverend Horace Bowden. The Reverend asked to see the videotapes before making restitution. Mehan refused and stated that he had no other choice but to arrest P and then hung up. Mehan handcuffed P and called the Baltimore County Police. Mehan then escorted the handcuffed P across the lower level of the store, up the escalators, and led him from the back of the upper level to the front door. P remained in handcuffs in public view until the police arrived. At a juvenile proceeding, Master Gilbert found that there was insufficient evidence to convince him beyond a reasonable doubt that P committed a theft. P then filed suit alleging counts of false imprisonment, malicious prosecution, defamation, wrongful discharge, and intentional infliction of emotional distress. The jury awarded $10,000 for false imprisonment, $25,000 for defamation, $5,000 for malicious prosecution, $25,000 for wrongful discharge, and $25,000 for intentional infliction of emotional distress. The jury awarded P a total of $357,500 in punitive damages. The circuit court granted the motion for J.N.W.V. on the wrongful discharge and intentional infliction of emotional distress counts, but denied the motion for J.N.W.V. on the other three counts and denied the motion for remittitur and a new trial. The circuit court left the punitive damages award intact, despite the grant of J.N.W.V. on two of the underlying causes of action. Everybody appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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