Prieto v. May Department Stores Company

HOOD, Chief Judge:

Plaintiff, now appellant, brought this action against a department store and its store detective for false arrest, false imprisonment and malicious prosecution. On consideration of the depositions of plaintiff, the detective, and another store employee, the trial court granted summary judgment against plaintiff. She has appealed.

In the light most favorable to plaintiff, the following facts appear uncontradicted. Plaintiff, a native of Cuba with a limited command of English, entered the store’s basement department shortly before the closing hour to purchase a pair of pajamas.…