Mccann v. Wal-Mart Stores, Inc.,

210 F.3d 51 (2000)

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Nature of the Case

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Facts

Debra (P) and her two children, aged 16 and 12 were shopping at Wal-Mart (D). Ps went to the register and paid for their purchases. As they were leaving the store, two of D's employees stepped out in front of their shopping cart, blocking their path to the exit. One of them may have put her hand on the cart. P was told that the children were not allowed to leave the store because they had been caught stealing on a prior occasion. The employees of D were mistaken as it was the children from another family that had shoplifted. Despite P's protestations, D indicated that the police were being called and that P and her children had to go with her. P did not resist but did go with the employees and who made Ps wait while they called the police. P tried to show the employees her identification, but they refused to look at it. They did not call police but called store security who would be able to identify the prior shoplifter. That security officer arrived and determined that Ps were wrongfully accused and they left the store about 1 hour after the incident started. The jury awarded Ps $20,000 in compensatory damages for their claim of false imprisonment. D appealed and P cross-appealed the denial of punitive damages.