Kincaid's Case Summary

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Kincaid was not detained for a reasonable time because during her detention the security guard took a fifteen-minute personal phone call. Detention is for a reasonable amount if the store uses the time to investigate and if the store’s employee does not make physical contact with a person in order to detain them. Mitchell v. Walmart Stores, Inc., 477 S.E.2d 631, 633 (Ga. App. 1996). Colonial Stores, Inc. v Fishel, 288 S.E.2d 21, 23 (Ga. App. 1981). In Mitchell, the court held that the plaintiff’s detention was for a reasonable period of time because the store used the time to inquire about the circumstances which lead to their antishoplifting device alarm activating and because the detention was only for ten or fifteen-minutes. Mitchell v. Walmart Stores, Inc., 477 S.E.2d 631, 633 (Ga. App. …show more content…

The plaintiff in Mitchell activated the store’s antishoplifting device alarm while exiting the store. Id. at 632. The store security guard detained her by taking her shopping bag and investigating the items inside of the bag. Id. In Colonial Stores the court held that the store did not detain the plaintiff in a reasonable time because the store did not conduct an investigation while the plaintiff was being detained. Colonial Stores, Inc. v Fishel, 288 S.E.2d 21, 23 (Ga. App. 1981). The store manager and security guard in Colonial Stores detained the plaintiff without investigating further to see if the plaintiff was guilty of shoplifting. Id. The court stated that the purpose of detaining someone suspected of shoplifting was to investigate. Id. The store’s failure to investigate makes them liable for false imprisonment according to the court in Colonial Stores.

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