Gerry v. K-MART

Blackburn, Judge.

Linda Gerry filed suit against K-Mart and one of its security employees, Michael Turner, for malicious prosecution and false imprisonment after she was arrested and charged with shoplifting. Her husband joined as a plaintiff alleging loss of consortium. The trial court granted summary judgment to K-Mart and Turner, and Gerry and her husband appeal.

On September 18, 1990, Gerry was detained and arrested for shoplifting while in a K-Mart department store. The State moved for a judgment of nolle prosequi based upon Gerry’s agreement to perform community service as part of a…