Dixon v. S. S. Kresge, Inc.

Quillian, Judge.

Formerly, the rule has been “to sustain an action for false imprisonment it is not necessary to show malice and want of probable cause, but only that the imprisonment was unlawful.” Lowe v. Turner, 115 Ga. App. 503, 506 (154 SE2d 792). However, Code Ann. § 105-1005 states that where a person reasonably thought to be engaged in shoplifting is detained or arrested, there shall be no recovery in an action for false arrest or imprisonment “where it is established by competent evidence that the plaintiff had so conducted himself, or behaved in such manner, as to cause a man of…