Unlawful restraint of a person’s freedom of movement is known as a false arrest. False arrests happen when someone takes another person into custody without that person’s consent or legal justification, or when someone holds another person against their will.
Anyone can be liable for false arrest, but one of the most common types of false arrests are in regard to shoplifting.
At Beauchamp & Idlett, we have found that large retail companies can sometimes over-zealously allege that customers have shoplifted. Store employees routinely allege a customer has shoplifted without adequate proof. With a simple call to 911, the customer is then arrested and booked into jail based solely on the employee’s assumption. When they are wrong, the customer is left victimized with their only right of recovery being a false arrest civil claim against the company. Victims of false arrest can rest assured that the Beauchamp & Idlett first will aggressively pursue what is owed to them.