QUESTION

Do I have good grounds on a civil suit against the store for accusing me of shoplifting?

Asked on Feb 14th, 2016 on Personal Injury - Wisconsin
More details to this question:
Police said the greeter pick me out of a photo lineup. I didn't know anything about this until I got picked up for a warrant and spent 9 days in jail waiting for that specific county where the store was located to pick me up. I guess a guy I know said I borrow his car (which I did not) when the police ran the plated and contacted him. The store has tons of cameras and should be able to see I have never entered or exited that store in my life! The time in jail costed me a lot. I withdraw led from my medications and was called a heroin junky multiple times from the correctional officers, that was time away from my wife and 3 year old son (who was very confused where I was). I was supposed to start a job that following Monday from when I was arrested (which now they moved on to someone else, do to me not being able to show up). I also had a contract with my mortgage company that they would knock $38,000 off my principal if I wasn't late on payment (which I couldn't make the payment until I finally got in front of a judge to get a bail and my wife wasn't able to access my money for mortgage without me) but that was breached because of me being in jail. I hired a $5000 dollar lawyer for a pet retail theft I didn't do. I did this to make a big statement of I didn't commit this crime. This whole this has been devastating and not to mention made a big impact on my wife and I lives. Any suggestions / advice would be appreciated. My lawyer didn't say much, except he will get me in contact with one of his civil lawyer friends once I get this thrown out and not found guilty.
Report Abuse

1 ANSWER

You ask if the facts provide grounds for a civil action against the store or the government. Each state has different rules about how you can sue the government, and they all have pretty strict (and short) time limits. Keep in mind that the police have some privileges or immunities from prosecution if they acted in a good faith belief that their actions were lawful at the time they performed them. So, your best bet is to follow your criminal lawyer's referral to a civil lawyer whom he can recommend. Such a person is in the best position to advise you. He or she may also know of state laws which can compensate you in some degree for a wrongful arrest. To sue the store you must at a minimum show that they acted negligently, and in some states store employees are immune from a lawsuit based on their holding someone for an alleged retail theft. I feel for you. Find a good lawyer to evaluate a civil lawsuit. Good Luck.
Answered on Mar 19th, 2016 at 5:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters