Dillard Department Stores, Inc. v. Stuckey

George Rose SMITH, Justice.

This is a tort action arising from an unlawful arrest. On December 22, 1972, the appellee, a school teacher, was shopping in the appellant’s department store at Little Rock. She was arrested and accused of shoplifting by Detective Spahr, an off-duty city policeman in uniform who was employed by the appellant to deter shoplifting and otherwise act as a security guard within the store. Officer Spahr testified that he saw Mrs. Stuckey take a scarf and put it in a plastic bag, but when she was taken to the police station and searched no merchandise was found. After…