Samuel v. Rose’s Stores, Inc.

907 F.Supp. 159 (E.D.Va. 1995)

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Nature of the Case

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Facts

P left D's store in Norfolk. A store security guard detained P for the alleged theft of shoes from the store. P claims that the guard detained P for approximately one hour and took the shoes. P was subsequently turned over to his employer, the United States Navy. P sued D for false imprisonment. The case was transferred to federal court. P was granted leave to amend by adding as defendants the security guard and his employer. D moved to strike the amended complaint because P deleted 'key allegations which form the basis for D's motion to dismiss.' P deleted references to 'negligent' conduct on the part of D. P argues that he is entitled to change his allegations to address the conduct of the new defendants. P also argues that the deletion of references to 'negligent' conduct represented a change in form rather than substance because deleting the term does not change 'the substance of what plaintiff must allege and prove to prevail and adequately advises defendant of the nature of the claim against him.'