Pegues v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

While shopping at one of Defendant Wal-Mart’s stores, Plaintiff was detained and handcuffed by an employee after she was suspected of shoplifting—although it appears that she never was prosecuted for any crime. Plaintiff has brought this action alleging false arrest, false imprisonment, assault, and battery arising out of the detention. Defendant has moved to dismiss on the grounds that its employee acted reasonably on probable cause that Plaintiff had shoplifted. Because the “shopkeeper’s privilege” to detain a person suspected of theft is an…