Padlo v. Vg’s Food Center, Inc.

2005 WL3556245 (Mich. 2005)

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Nature of the Case

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Facts

Bigham, a manager for D, reported that she was detaining two young females, P, and Green at the store for attempted theft. Floeter, an employee at S's, heard merchandise being unwrapped as he walked by an aisle. He observed P and Green 'hanging around' the cosmetics' section, 'looking suspiciously around them.' Floeter saw 'at least one of the two girls . . . place[] something in her pocket.' P and Green then stopped in another aisle and 'began unwrapping the items.' As the girls exited the aisle, he seized several wrappers that they had shoved behind displayed products. Bay, another employee, and Floeter observed P attempt to shield Green as Green unwrapped and concealed the items. Bigham confronted P and Green after Floeter observed them removing several cosmetic items from the shelves and place them in their pockets. P and Green began to cry. Green then took a couple of the items out of her pockets. All of the items recovered came from Green's clothing pockets. P alleges that after she removed all of her personal items from her pockets, Bigham reached into her pockets to check again. Bigham called the police. P and Green were escorted to an office. Bigham and Bay were inside the office, and Floeter stood near the doorway. Pf tried to phone her mother on her cell, but Bigham took the phone away. When Officer Debottis arrived and began her investigation, Bay stood in the office doorway. Officer Debottis arrested both P and Green for retail fraud. P was arrested for aiding and abetting Green's retail fraud. A jury subsequently found P not guilty of the charge. P sued Ds false imprisonment, assault and battery, intentional infliction of emotional distress, and malicious prosecution. Ds filed a motion for summary judgment.